Shamsudheen vs T. Muhammed
2024 Latest Caselaw 33017 Ker

Kerala High Court

Shamsudheen vs T. Muhammed on 14 November, 2024

Author: Amit Rawal

Bench: Amit Rawal

OP (WAKF) NO. 30 OF 2024                1
                                                             2024:KER:85003
                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                     THE HONOURABLE MR. JUSTICE AMIT RAWAL
                                        &
                    THE HONOURABLE MR. JUSTICE EASWARAN S.
         THURSDAY, THE 14TH DAY OF NOVEMBER 2024 / 23RD KARTHIKA, 1946
                            OP (WAKF) NO. 30 OF 2024

         AGAINST THE ORDER IN OA NO.51 OF 2023 OF WAKF TRIBUNAL, KOZHIKODE


PETITIONER(S)/APPLICANT/PETITIONER:

              SHAMSUDHEEN
              AGED 38 YEARS
              S/O. MOIDEEN, KATTACHIRA HOUSE, VENDALLOOR MAHALLU, IRUMBILIYAM
              AMSOM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 679572


              BY ADV K.RAKESH


RESPONDENT(S)/RESPONDENTS/RESPONDENTS:

     1        T. MUHAMMED
              SECRETARY, IMS VENDALLOOR MAHALLU COMMITTEE, IRUMBILIYAM, TIRUR
              TALUK, MALAPPURAM DISTRICT, PIN - 679572

     2        VEERANKUTTY VATTAPPARAMB
              TREASURER, IMS VENDALLOOR MAHALLU COMMITTEE, IRUMBILIYAM, TIRUR
              TALUK, MALAPPURAM DISTRICT, PIN - 679572

     3        THE KERALA STATE WAKF BOARD
              REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, KALOOR, COCHIN, PIN
              - 682017

     4        ADV. THOYYIB HUDAVI
              RETURNING OFFICER, SAMASTHALAYAM, CHELARI P.O., MALAPPURAM
              DISTRICT, PIN - 673636



OTHER PRESENT:

              SRI JAMSHEED HAFIZ SC WAQF


      THIS OP (WAKF) HAVING BEEN FINALLY HEARD ON 14.11.2024, THE COURT ON

THE SAME DAY DELIVERED THE FOLLOWING:
 OP (WAKF) NO. 30 OF 2024               2
                                                           2024:KER:85003
                               JUDGMENT

Learned counsel for the petitioner seeks permission to

withdraw the petition with a liberty to take appropriate remedy

in accordance with law. Permission is granted. Accordingly,

this petition is dismissed as withdrawn with the

aforementioned liberty.

Sd/-

AMIT RAWAL JUDGE

Sd/-

sab                                             EASWARAN S.
                                                   JUDGE

                                                          2024:KER:85003

APPENDIX OF OP (WAKF) 30/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF O.P.NO.63/2021 FILED BY THE PETITIONER ON 21-12-2021 BEFORE THE KERALA STATE WAQF BOARD ALONG WITH ENGLISH TRANSLATION

Exhibit P2 A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 1ST RESPONDENT IN O.P.NO.63/2021 DATED 14- 03-2022 ALONG WITH ENGLISH TRANSLATION

Exhibit P3 A TRUE COPY OF I.A.NO.159/2022 FILED IN O.P.NO.63/2021 BEFORE THE KERALA STATE WAQF BOARD ON 13-09-2022 ALONG WITH ENGLISH TRANSLATION

Exhibit P4 A TRUE COPY OF THE COUNTER FILED BY RESPONDENTS 1 AND 2 TO I.A.NO159/2022 DATED 7- 11-2023

Exhibit P5 A TRUE COPY OF NOTES OF ARGUMENTS FILED BY THE COUNSEL FOR THE PETITIONER IN THE MONTH OF DECEMBER, 2022

Exhibit P6 A TRUE COPY OF ADDITIONAL NOTES OF ARGUMENTS FILED BY THE COUNSEL FOR THE PETITIONER ON 13- 03-2023

Exhibit P7 A TRUE COPY OF ORDER DATED 14-06-2023 IN I.A.NO.159/2022 IN O.P.NO.63/2021 ON THE FILES OF THE KERALA STATE WAQF BOARD

Exhibit P8 A TRUE COPY OF O.A.NO.51/2023 FILED BY THE PETITIONER BEFORE THE WAQF TRIBUNAL, KOZHIKODE ON 1-09-2023

Exhibit P9 A TRUE COPY OF THE REPORT DATED 16-11-2023 SUBMITTED BY THE WAQF INSPECTOR TO THE WAQF BOARD ALONG WITH ENGLISH TRANSLATION

Exhibit P10 A TRUE COPY OF THE ORDER PASSED BY THE WAQF BOARD IN I.A.NO.406/2023 IN O.P.NO.63/2021 ON 4-5-2024