Vazhakkad Darul Uloom Association vs Vazhakkad Grama Panchayath
2024 Latest Caselaw 11386 Ker

Kerala High Court

Vazhakkad Darul Uloom Association vs Vazhakkad Grama Panchayath on 19 April, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
     FRIDAY, THE 19TH DAY OF APRIL 2024 / 30TH CHAITHRA, 1946
                        WP(C) NO. 9722 OF 2024
PETITIONER:

          VAZHAKKAD DARUL ULOOM ASSOCIATION,
          VAZHAKKAD, MALAPPURAM DISTRICT, KERALA,
          PIN - 673 640, REPRESENTED BY ITS SECRETARY,
          K.M. MOHAMMED IBRAHIM, AGED 62 YEARS,
          S/O. MOHAMMED ALI, PIN - 673 640.
          BY ADVS.
          M.A.VAHEEDA BABU
          BABU KARUKAPADATH
          P.U.VINOD KUMAR
          ARYA RAGHUNATH
          KARUKAPADATH WAZIM BABU
          P.LAKSHMI
          AYSHA E.M.
          DENNIS BIJU


RESPONDENTS:

    1     VAZHAKKAD GRAMA PANCHAYATH,
          VAZHAKKAD, MALAPPURAM DISTRICT, KERALA,
          REPRESENTED BY ITS SECRETARY, PIN - 673 640.
    2     SECRETARY, VAZHAKKAD GRAMA PANCHAYATH,
          VAZHAKKAD, MALAPPURAM DISTRICT, KERALA, PIN - 673 640.
          SRI.SAYED MANSOOR BAFAKHY THANGAL,SC
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9722 OF 2024
                                    2

                           JUDGMENT

This writ petition has been filed seeking for a direction to

the respondents to consider Ext.P12 building permit application

and also to issue the building permit to the petitioner. The

grievance of the petitioner is that the application for building

permit was submitted on 25.09.2023 as per Ext.P12 along with all

documents pertaining to the issuance of building permit. The

petitioner submits that the respondents have insisted for

production of original of the title deed for issuance of building

permit. However, the petitioner submits that Rule 5(1)(c) of the

Kerala Municipality Building Rules only insists on production of

the documents and does not insist for the production of the

original deed.

2. However for disposal of the matter, I am of the

opinion that the petitioner shall also file a notarized

affidavit regarding loss of the original title deed, along with the

application before the respondents so that the respondents can

consider and pass orders on the building permit application.

Accordingly, the writ petition is disposed of directing the

petitioner to file a notarized affidavit along with Ext.P12 WP(C) NO. 9722 OF 2024

application before the respondents. On receipt of the same, the

respondents shall consider and pass orders on Ex.P12, within a

period of two weeks from the date of receipt of a certified copy of

this judgment.

Sd/-

SHOBA ANNAMMA EAPEN JUDGE DK WP(C) NO. 9722 OF 2024

APPENDIX OF WP(C) 9722/2024

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE DOCUMENT NO.

1331/1871 OF SRO, MANJERI CONSTITUTING THE WAQF Exhibit P1(a) A READABLE COPY OF EXHIBIT P1 Exhibit P2 A TRUE COPY OF THE BYE LAW OF THE PETITIONER SOCIETY REGISTERED WITH THE DISTRICT REGISTRAR MALAPURAM WITH

Exhibit P3 A TRUE COPY OF THE ORDER DATED 11/08/1973 IN PETITION NO. 9/1973 OF THE KERALA WAQF BOARD, ERNAKULAM Exhibit P3(a) A READABLE COPY OF EXHIBIT P3 Exhibit P4 A TRUE COPY OF THE LAND TAX RECEIPT FOR THE PERIOD FROM 2023-2024 WITH RESPECT TO THE PROPERTIES UNDER THE PETITIONER IN VAZHAKAD VILLAGE Exhibit P5 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 28/07/2023 ISSUED BY THE VILLAGE OFFICER, VAZHAKKAD VILLAGE WITH RESPECT TO THE PROPERTY HAVING AN EXTENT OF 69.40 ARES IN SURVEY NO.41/1 OF VAZHAKKAD VILLAGE IN FAVOUR OF THE PETITIONER Exhibit P6 A TRUE COPY OF THE ORDER DATED 01/07/2010 ISSUED BY THE UGC TO THE REGISTRAR OF CALICUT UNIVERSITY REGARDING RECOGNITION OF DARUL ULOOM ARABIC COLLEGE FOR PAYMENT OF GRANT Exhibit P7 A TRUE COPY OF THE ACCREDITATION CERTIFICATE DATED 22/11/2021 BY THE NATIONAL ASSESSMENT AND ACCREDITATION COUNCIL OF THE UGC IN FAVOUR OF DARUL ULOOM ARABIC COLLEGE Exhibit P8 A TRUE COPY OF THE RELEVANT PAGES OF ORDER DATED 15/06/2017 ISSUED BY THE UNIVERSITY OF CALICUT GIVING AFFILIATION TO THE DARUL ULOOM ARABIC COLLEGE FOR B.A. FUNCTIONAL ARABIC AND M.A. ISLAMIC FINANCE WP(C) NO. 9722 OF 2024

Exhibit P9 A TRUE COPY OF THE ORDER DATED 09/10/2009 ISSUED BY THE UNIVERSITY OF CALICUT GIVING AFFILIATION TO THE DARUL ULOOM ARABIC COLLEGE FOR AFZAL- UL-ULAMA DEGREE COURSE AND POST AFZAL-

                     UL-ULAMA PG COURSE
Exhibit P10          A TRUE COPY OF THE LETTER DATED
                     27/02/2023    ISSUED   BY    THE    2ND
                     RESPONDENT TO THE PETITIONER
Exhibit P11          A TRUE COPY OF THE CERTIFICATE DATED
                     18/11/2020    ISSUED   BY    THE    SUB

REGISTRAR, MANJERI INTIMATING THAT EXHIBIT P1 WAS DESTROYED Exhibit P12 A TRUE COPY OF THE APPLICATION RE-

SUBMITTED BY THE PETITIONER ALONG WITH THE DOCUMENTS ACCOMPANYING THE SAME