Kerala High Court
Unneenkutty V.K vs The Kerala State Wakf Board on 3 April, 2024
Author: Anil K.Narendran
Bench: Anil K.Narendran
W.P.(C) No.6662 of 2024 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
WP(C) NO.6662 OF 2024
PETITIONER/S:
1 UNNEENKUTTY V.K., AGED 43 YEARS,
S/O.IBRAHIM, VALAKKADAN HOUSE, KULIKKILIYAD,
VIA S.K.PURAM, KOTTAPPURAM P.O., PALAKKAD
DISTRICT, PIN - 679518.
2 MUHAMMED RIYAS K., AGED 32 YEARS,
S/O.MUHAMMED, KARIKKARAN HOUSE, KULIKKILIYAD,
VIA S.K.PURAM, KOTTAPPURAM P.O., PALAKKAD
DISTRICT, PIN - 679518.
3 ABBAS CHERIKKALLUMMEL, AGED 42 YEARS,
S/O. MUHAMMED, CHERIKKALLUMMEL HOUSE,
KULIKKILIYAD, VIA S.K.PURAM, KOTTAPPURAM P.O.,
PALAKKAD DISTRICT, PIN - 679518.
4 SAINUDDEEN, AGED 38 YEARS,
S/O. ALAVI, PERIMBADARI HOUSE, KULIKKILIYAD,
VIA S.K.PURAM, KOTTAPPURAM P.O.,
PALAKKAD DISTRICT, PIN - 679518.
5 MANSOOR, AGED 40 YEARS, S/O. HAMZA,
PULLATH HOUSE, KULIKKILIYAD, VIA S.K.PURAM,
KOTTAPPURAM P.O., PALAKKAD DISTRICT,
PIN - 679518.
6 MUHAMMED RIYAS A., AGED 35 YEARS,
S/O.ABDULLA, ALIKKAL HOUSE, KULIKKILIYAD,
VIA S.K.PURAM, KOTTAPPURAM P.O.,
PALAKKAD DISTRICT, PIN - 679518.
BY ADVS.
C.M.MOHAMMED IQUABAL
ISTINAF ABDULLAH
W.P.(C) No.6662 of 2024 2
P.ABDUL NISHAD
MUHAMMED AMEEN
RAIHANATH T.H.
RESPONDENTS:
1 THE KERALA STATE WAKF BOARD,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
HEAD OFFICE, VIP ROAD, KALOOR,
ERNAKULAM, PIN - 682017.
2 THE CHAIRMAN, THE KERALA STATE WAKF BOARD,
HEAD OFFICE, VIP ROAD, KALOOR, ERNAKULAM,
PIN - 682017.
3 THE DIVISIONAL OFFICER, THE KERALA STATE
WAKF BOARD, DIVISIONAL OFFICE, THRISSUR,
HASHIMI TOWER, MASJID ROAD, KOKKALA,
THRISSUR DISTRICT, PIN - 680021.
4 THE DISTRICT REGISTRAR (GENERAL),
DISTRICT REGISTRAR (GENERAL) OFFICE,
GROUND FLOOR, CIVIL STATION P.O.,
PALAKKAD DISTRICT, PIN - 678001.
5 KOLLAMKODEJUMA MASJID COMMITTEE,
REPRESENTED BY ITS PRESIDENT, RAHMATH NAGAR,
KULIKKILIYAD, KOTTAPPURAM P.O., VIA S.K.PURAM,
PALAKKAD DISTRICT, PIN - 679518.
6 MR.C.T.YOUSUF MOULAVI, S/O. MOHAMMED,
CHEERATHADAYAN HOUSE, PALLIKUNNU P.O.,
VIA MANNARKKAD, PALAKKAD DISTRICT,
PIN - 678583
7 MR. K.USMANSAKHAFI, S/O. ALAVI, KIZHAKKETHIL
HOUSE, KULIKKILIYAD, KOTTAPPURAM P.O.,
PALAKKAD DISTRICT, PIN - 679518.
BY ADVS.
LAYA MARY JOSEPH
SHYAM PADMAN (SR.)(K/939/1990)
C.M.ANDREWS(K/000070/1989)
HARISH ABRAHAM(K/764/2007)
ASHWATHI SHYAM(K/1451/2020)
SWATHY SUDHIR(K/2677/2022)
W.P.(C) No.6662 of 2024 3
RAM MOHAN(K/2812/2023)
BOBY M.SEKHAR(K/422/2008)
OTHER PRESENT:
SRI JAMSHEED HAFIZ- STANDING COUNSEL - KERALA
STATE WAKF BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.6662 of 2024 4
JUDGMENT
Harisankar V. Menon, J.
The petitioners, the general body members of Kollamkode
Juma Masjid Committee, have filed the present writ petition with
respect to Kulikkiliyad Kollamkode Juma Masjid, a Waqf
managed by the committee referred above. It is stated that
there was no general body meeting conducted for electing the
committee for the last several years. At the same time,
respondents 6 and 7 claim that the 6th respondent is the
president of the managing committee, and also shows his name
as the Muthavalli of the Waqf.
2. We have heard the learned counsel for the petitioners
and the learned Standing Counsel for the Waqf Board.
Considering the nature of the orders that we propose to pass in
this writ petition, we deem it not necessary to issue notice to
respondents 5 to 7.
3. The petitioners have filed Ext.P11 representation before
the 1st respondent Board dated 05.02.2024, pointing out the
above aspects and praying for convening a general body
meeting, by appointing an officer of the Waqf Board. It is stated
that though such a petition is filed before the 1 st respondent
Board, the same is not being disposed of.
Having considered the submissions made at the Bar, we
deem it appropriate to dispose of this writ petition, by directing
the 1st respondent Board to take up and dispose of Ext.P11
representation filed by the petitioners, if it is in order, strictly in
accordance with law, as expeditiously as possible, at any rate,
within a period of four months from the date of filing of
objections to Ext.P11, with notice to the petitioner, respondents
5 to 7 and other affected parties, if any. Needless to say that
we have not considered the merits of the averments contained
in Ext.P11 filed before the 1st respondent Board.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
HARISANKAR V. MENON, JUDGE
ln
APPENDIX OF WP(C) 6662/2024
PETITIONERS' EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE APPLICATION TO
REGISTER THE WAKF WITH THE 1ST RESPONDENT
WAKF BOARD DATED 18.07.2004.
EXHIBIT P2 THE TRUE COPY OF THE LIST FOR THE YEAR 2023
- 2024 FURNISHED BY THE KOLLAMKODEJUMA
MASJID COMMITTEE DATED 09.05.2023.
EXHIBIT P3 THE TRUE COPY OF THE COMMUNICATION ISSUED
BY THE 4TH RESPONDENT DATED 14.11.2023.
EXHIBIT P4 THE TRUE COPY OF THE APPEAL FILED BY
T.SHANIMON, S/O. HAMZA UNDER RIGHT TO
INFORMATION ACT DATED NIL.
EXHIBIT P5 THE TRUE COPY OF THE ORDER ISSUED BY THE
DEPUTY INSPECTOR GENERAL, THRISSUR DATED
18.12.2023.
EXHIBIT P6 THE TRUE COPY OF THE COMMUNICATION ISSUED
BY THE 4TH RESPONDENT DATED 04.01.2024.
EXHIBIT P7 THE TRUE COPY OF THE LIST OF MANAGING
COMMITTEE OF KOLLAMKODE JUMA MASJJID
SUBMITTED BEFORE THE 4TH RESPONDENT DATED
06.07.2020.
EXHIBIT P8 THE TRUE COPY OF THE LIST OF MANAGING
COMMITTEE OF KOLLAMKODE JUMA MASJJID
SUBMITTED BEFORE THE 4TH RESPONDENT DATED
20.04.2021.
EXHIBIT P9 THE TRUE COPY OF THE LIST OF MANAGING
COMMITTEE OF KOLLAMKODE JUMA MASJJID
SUBMITTED BEFORE THE 4TH RESPONDENT DATED
06.05.2022.
EXHIBIT P10 THE TRUE COPY OF THE REPRESENTATION FILED
BY THE PETITIONERS AND OTHERS BEFORE THE
2ND RESPONDENT DATED 05.01.2024.
EXHIBIT P11 THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONERS BEFORE THE 1ST
RESPONDENT BOARD DATED 05.02.2024.
