Kerala High Court
Asharaf vs Ayatt Ammed Haji on 30 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
TUESDAY, THE 30TH DAY OF APRIL 2024 / 10TH VAISAKHA, 1946
OP (WAKF) NO. 13 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 06.03.2024 IN OA NO.80 OF
2022 OF WAQF TRIBUNAL, KOZHIKODE
PETITIONER/2nd RESPONDENT:
ASHARAF, AGED 50 YEARS
S/O. ORATTU IBRAHIM, ORATTU HOUSE, ORKATTERI
AMSOM AND DESOM, P.O. ORAKKATTERI, VADAKARA
TALUK, KOZHIKODE DISTRICT, PIN - 673501
BY ADV K.M.FIROZ
RESPONDENTS/APPLICANT AND RESPONDENTS 1 AND 3:
1 AYATT AMMED HAJI, AGED 83 YEARS
S/O. CHEKEN ALIAS MOIDEEN, KOCHERI HOUSE,
MUTAWALLI, ORKATTERI JUMA-ATH PALLI, ORKATTERI
AMSOM DEOSM, P.O. ORKATTERI, VADAKARA TALUK,
KOZHIKODE DISTRICT (STATUS OF MUTAWALLI DISPUTED
BY THE PETITIONER), PIN - 673501
2 KERALA STATE WAQF BOARD
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, VIP
ROAD, KALOOR, KOCHI, PIN - 682017
3 K.M.KUNHIMOOSA HAJI, AGED 73 YEARS
S/O. AMMAD HAJI, ORKATTERI P.O., VADAKARA TALUK,
KOZHIKODE DISTRICT, PRESIDENT ORKATTERI MAHAL
MUSLIM JAMAYATH COMMITTEE., PIN - 673501
SRI.JAMSHEED HAFIZ, SC, WAQF BOARD
THIS OP (WAKF) HAVING COME UP FOR ADMISSION ON
30.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP (WAKF) NO. 13 OF 2024
2
DEVAN RAMACHANDRAN & EASWARAN S., JJ.
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OP (WAKF) No.13 of 2024
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Dated this the 30th day of April, 2024
JUDGMENT
Devan Ramachandran, J.
The petitioner impugns Ext.P6 order of the Wakf Tribunal,
Kozhikkode, under the apprehension that the witness summoned
by him will be obligated to file affidavit in lieu of chief
examination, at the time of his evidence.
2. We, however, do not see from Ext.P6 that the learned
Tribunal has insisted the witness summoned to file an affidavit;
though it is affirmatively stated by Sri.Firoz K.M. - learned
counsel for the petitioner, that this is the modus normally
adopted by the said Forum.
3. Sri.Jamsheed Hafiz, learned Standing Counsel for the
Wakf Board, however, submitted that the learned Tribunal acts as
OP (WAKF) NO. 13 OF 2024
per law and that it is up to the witness to depose in the manner
that he or she choses.
4. We find ourselves in approval of the afore stand of
Sri.Jamsheed Hafiz because, when a witness is summoned by the
learned Tribunal, it is up to the said person to depose in the
manner as is statutorily required or permitted. This may be on
the basis of an affidavit in lieu of chief examination, if he
volunteers to do so; or oral examination, if that is the course
preferred.
With the aforesaid clarification, this original petition is
closed.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
EASWARAN S.
JUDGE
ns
OP (WAKF) NO. 13 OF 2024
APPENDIX OF OP (WAKF) 13/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE OA NO 80 OF 2022 ON THE
FILES OF WAQF TRIBUNAL, KOZHIKODE DATED
7.12.2022
Exhibit P2 A TRUE COPY OF THE IMPLEADING APPLICATION,
IA NO.498 OF 2023 FOR IMPLEADING THE 3RD
RESPONDENT IN OA NO. 80 OF 2022 DATED
17.6.2023
Exhibit P3 A TRUE COPY OF THE CHIEF AFFIDAVIT DATED
25.10.2023 ALONG WITH DOCUMENT LIST DATED
27.10.2023 FILED BY THE PETITIONER HEREIN
Exhibit P3(a) A TRUE COPY OF THE COMMISSION REPORT DATED
22.2.2024 IN OA NO. 80 OF 2022 FILED BY THE
ADVOCATE COMMISSIONER
Exhibit P4 A TRUE COPY OF THE WITNESS LIST DATED
25.10.2023 IN OA NO. 80 OF 2022 FILED BY THE
PETITIONER HEREIN
Exhibit P5 A TRUE COPY OF THE IA NO. 881 OF 2023 IN OA
NO. 80 OF 2022 DATED 25.10.2023 FILED BY THE
PETITIONER
Exhibit P6 A TRUE COPY OF THE PROCEEDINGS FROM
24.1.2023 TO 22.03.2024 IN OA NO. 80 OF 2022
OF WAQF TRIBUNAL, KOZHIKODE
