Kerala High Court
Vakkom Padinjare Muslim Jama-Ath vs Muhammed Shafi on 19 April, 2024
Author: K.Babu
Bench: K. Babu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
&
THE HONOURABLE MR. JUSTICE S.MANU
FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
OP (WAKF) NO. 12 OF 2024
AGAINST THE ORDER DATED 05.03.2024 IN OP NO.108 OF 2023 OF
KERALA STATE WAKF BOARD,ERNAKULAM
PETITIONERS:
1 VAKKOM PADINJARE MUSLIM JAMA-ATH
CHIRAYINKEEZHU TALUK, VAKKOM.P.O.,
THIRUVANANTHAPURAM DISTRICT - 695308, REPRESENTED
BY ITS PRESIDENT, ABDUL VAHAB, AGED 70 YEARS, S/O
RESIDING AT VALIYA PALLI THEKKATHU, VAKKOM
VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM
DISTRICT, KERALA, PIN - 695308
2 ABDUL VAHAB
AGED 70 YEARS
PRESIDENT, VAKKOM PADINJARE MUSLIM JAMA-ATH,
CHIRAYINKEEZHU TALUK, VAKKOM.P.O.,
THIRUVANANTHAPURAM DISTRICT - 695308, RESIDING AT
VALIYA PALLI THEKKATHIL, VAKKAOM VILLAGE,
CHIRAYINKEEZHU TALUK, THIRUVANATHAPURAM DISTRICT,
KERALA, PIN - 695308
3 AJILAL
AGED 42 YEARS
S/O SAKKEER, SECRETARY, VAKKOM PADINJARE MUSLIM
JAMA-ATH, CHIRAYINKEEZHU TALUK, VAKKOM.P.O.,
THIRUVANANTHAPURAM DISTRICT - 695308, RESIDING AT
CHAYAKKUDI HOUSE, VAKKAOM VILLAGE, CHIRAYIKEEZHU
TALUK, THIRUVANANTHAPURAM DISTRICT, KERALA, PIN -
695308
4 KHALIM
AGED 68 YEARS
TREASURER, VAKKOM PADINJARE MUSLIM JAMA-ATH,
CHIRAYINKEEZHU TALUK, VAKKOM.P.O.,
THIRUVANANTHAPURAM DISTRICT - 695308, RESIDING AT
S.S.VILLA, VAKKOM VILLAGE, CHIRAYINKEEZHU TALUK,
THIRUVANATHAPURAM DISTRICT, KERALA, PIN - 695308
5 NAZAR
AGED 65 YEARS
FORMER SECRETARY, VAKKOM PADINJARE MUSLIM JAMA-
OP (WAKF) No.12 of 2024
2
ATH, CHIRAYINKEEZHU TALUK, VAKKOM.P.O.,
THIRUVANANTHAPURAM DISTRICT - 695308, RESIDING AT
VALIYA VEEDU, VAKKOM VILLAGE, CHIRAYINKEEZHU
TALUK, THIRUVANANTHAPURAM DISTRICT, KERALA, PIN -
695308
BY ADVS.
P.K.MUHAMMED
SALIM KUMAR A.
RESPONDENTS:
1 MUHAMMED SHAFI
AGED 71 YEARS
S/O MUHAMMED IBRAHIM, RESIDING AT SALKKA MANZIL,
VAKKOM VILLAGE, CHIRAYINKEEZHU TALUK,
THIRUVANATHAPURAM DISTRICT, KERALA, PIN - 695308
2 NOUSHAD
AGED 62 YEARS
S/O ABDUL JABBAR, RESIDING AT KARUVIKKARAZHIKOM,
VAKKOM VILLAGE, CHIRAYINKEEZHU TALUK, KERALA, PIN
- 695308
3 HASABULLA
AGED 23 YEARS
S/O ABU SALI, FORMER TREASURER VAKKOM PADINJARE
MUSLIM JAMA-ATH, CHIRAYINKEEZHU TALUK,
CHIRAYINKEEZHU TALUK, VAKKOM.P.O.,
THIRUVANANTHAPURAM DISTRICT - 695308, RESIDING AT
SUHANA, VAKKOM VILLAGE, CHIRAYINKEEZHU TALUK,
THIRUVANATHAPURAM DISTRICT, KERALA, PIN - 695308
4 THE KERALA STATE WAKF BOARD
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, VIP
ROAD KALOOR, COCHIN, ERNAKULAM DISTRICT, PIN -
682017
THIS OP (WAKF) HAVING COME UP FOR ADMISSION ON
19.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP (WAKF) No.12 of 2024
3
K.BABU, J
&
S. MANU, J.
--------------------------------------------
OP (WAKF) No.12 of 2024
-----------------------------------------------
Dated this the 19th day of April, 2024
JUDGMENT
K.BABU, J
The prayers in the original petition as follows:
"(i) Issue a writ of certiorari of other appropriate
or direction to call for the records relating to Exhibit
P-9 order passed by the 4th respondent and the same
may be quashed as illegal arbitrary and in violation of
principle of natural justice.
(ii) Issue a writ of certiorari to call for the
records relating to Exhibit- P11 'A' Diary and quash
item No.2 dealing with the order in O.P.No.108/2023
dated 2/.02.2024;
(iii) Considering the exigencies and necessity for
urgent consideration of the grievance voiced in this
O.P.(WAKF), production of English translations of
documents in vernacular, may kindly be dispensed
with for the time being;
(iv) Direct the respondents to pay the costs of this
proceedings to the petitioners;
And
(v) Grant the petitioners such other and further
reliefs which this Hon'ble Court deems just and fit
under the facts and circumstances of the case. "
2. Heard the learned counsel for the petitioners and
the learned counsel for the respondents.
3. The challenge in this original petition is to the
interim order dated 05.03.2024 passed in O.P.No.108/2023
on the file of the Kerala State Waqf Board. By the
impugned order, the Waqf Board directed to conduct
election to the Vakkom Padinjare Muslim Jama-ath
Committee through a Returning Officer. The learned
counsel for the petitioners seeks permission to withdraw
the Original Petition with liberty to challenge the
impugned order before the Statutory Tribunal as provided
under Section 83 (2) of the Waqf Act, 1995.
4. The permission sought for is granted. The
operation of the impugned order shall stand stayed for a
period of one month or till the date of filing of an
application under Section 83 (2) of the Waqf Act, 1995, as
submitted by the petitioners, whichever is earlier.
The original petition is disposed of.
Sd/-
K.BABU, JUDGE
Sd/-
S.MANU, JUDGE
mtk/19.04.24
APPENDIX OF OP (WAKF) 12/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE O.P. NO.108/2023 DATED
30.5.2023 FILED BY 1ST AND 2ND RESPONDENT
ON THE FILE OF THE KERALA STATE WAQF
BOARD, ERNAKULAM/4TH RESPONDENT
Exhibit P1(a) TRUE COPY OF THE BYE-LAW OF 1ST
PETITIONER JAMA-ATH
Exhibit P2 TRUE COPY OF THE INTERIM APPLICATION NO.
217/2023 IN O.P. NO.108/2023 DATED
30.10.2023 FILED BY THE 1ST AND 2ND
RESPONDENTS BEFORE THE 4TH RESPONDENT TO
APPOINT AN ADVOCATE AS A RETURNING
OFFICER
Exhibit P3 TRUE COPY OF THE OBJECTIONS TO EXHIBIT-P1
O.P. NO.108/2023 DATED 8.11.2023 WITHOUT
DOCUMENTS ON THE FILE OF 4TH RESPONDENT
FILED BY THE PETITIONERS HEREIN AND
RESPONDENT 3
Exhibit P3(a) TRUE COPY OF THE OBJECTION IN O.P.
NO.108/2023 DATED 8.11.2023 AND DOCUMENTS
SUBMITTED BY THE PETITIONERS AND 3RD
RESPONDENT ON THE FILE OF 4TH RESPONDENT
Exhibit P4 TRUE COPY OF THE OBJECTION TO EXHIBIT-P2
(IA NO.217/2023) FILED BY THE PETITIONERS
HEREIN AND 3RD RESPONDENT DATED 8.11.2023
ON THE FILE OF 4TH RESPONDENT
Exhibit P5 TRUE COPY OF THE OFFICIAL AGENDA
PUBLISHED BY THE 4TH RESPONDENT IN THE
OFFICIAL WEBSITE DATED 28.2.2024
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 6.3.2024
IN O.P. (WAKF) NO 7 OF 2024 OF THE
HON'BLE HIGH COURT OF KERALA
Exhibit P7 TRUE COPY OF THE CAVEAT PETITION FILED BY
THE RESPONDENTS 1 AND 2 BEFORE THE 4TH
RESPONDENT DATED NIL
Exhibit P8 TRUE COPY OF THE POSTAL COVER BEARING
NO.RL445227181IN IN WHICH THE PETITIONER
RECEIVED THE ORDER FROM THE 4TH
RESPONDENT
Exhibit P9 TRUE COPY OF THE ORDER PASSED BY THE 4TH
RESPONDENT DATED 05/03/202 IN THE
INTERLOCUTORY APPLICATION IN O.P.
NO.108/2023 (WHICH IS SENT BY THE WAKF
BOARD TO THE PETITIONERS HEREIN IN
EXHIBIT-P8 POSTAL COVER)
Exhibit P10 TRUE COPY OF THE AGENDA OF THE BOARD
MEETING OF 4TH RESPONDENT HELD ON
5.3.2024 AT 11 A.M. WHICH IS PUBLISHED IN
THE OFFICIAL WEBSITE BY THE 4TH
RESPONDENT
Exhibit P11 TRUE COPY OF THE A DIARY OF THE 4TH
RESPONDENT DATED 28/02/2024
