H.Shoukathali vs Kollam Mavally Muslim Jama-Ath
2024 Latest Caselaw 25814 Ker

Kerala High Court

H.Shoukathali vs Kollam Mavally Muslim Jama-Ath on 30 September, 2024

Author: Anil K.Narendran

Bench: Anil K.Narendran

                                    1

OP(WAKF) No.26 of 2024                                2024:KER:72625


                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

               THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

                                    &

           THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

     MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946

                        OP (WAKF) NO. 26 OF 2024

        SEEKING SPEEDY DISPOSAL OF I.A.NO.703 OF 2024 IN OA NO.84 OF

        2024 AND O.A.NO.84 OF 2024 OF WAKF TRIBUNAL, KOZHIKODE

                                   --------


PETITIONERS:

    1       H.SHOUKATHALI, AGED 73 YEARS,
            S/O. HUSSAIN KUNJU, S.N.MANZIL, PUNNATHALA,
            KOLLAM, PIN - 691012.

    2       NOUSHAD.M, AGED 51 YEARS,
            S/O. MUHAMMED KUNJU, THEKKUMBHAGAM HOUSE,
            PUNNATHALA, KOLLAM, PIN - 691012.

    3       THAJUDEEN, AGED 75 YEARS,
            S/O. ABDUL RAHUMAN, ODAPPALLI VEEDU, THOPPII NAGAR,
            KAVANAD, KOLLAM, PIN - 691003.

    4       ANSAR AZEEZ, AGED 55 YEARS,
            S/O. AZEEZ, AGED YEARS, KALAVARA HOUSE,
            PUNNATHALA, KOLLAM, PIN - 691012.

    5       A.K.ASEEM, AGED 48 YEARS,
            S/O AHAMMAD KOYA, ,KANDATHIL HOUSE,
            THANGASSERY, KOLLAM, PIN - 691007.

    6       MUHAMMED SALIM, AGED 60 YEARS,
            S/O ABDUL RAZAK, AGED YEARS, THARAYIL VEEDU,
            PUNNATHALA, KOLLAM, PIN - 691012.
                                 2

OP(WAKF) No.26 of 2024                              2024:KER:72625



    7     ALSHAB, AGED 46 YEARS,
          S/O SHARAFUDEEN, ,INCHAYKAL HOUSE,
          MULANKADAKAM,KOLLAM, PIN - 691012.

    8     ANSAR, AGED 45 YEARS,
          S/O ABDUL KHADAR, ASNA MANZIL,
          MILLENIUM NAGAR -29, KAVANAD, KOLLAM,
          PIN - 691003.

    9     MUHAMMED BAKAR, AGED 53 YEARS,
          S/O NOORUDEEN, PANAMOOTTIL VEEDU,
          MULARIKADAKAM, KOLLAM, PIN - 691012.

    10    MUHAMMED RAFI, AGED 25 YEARS,
          S/O ABDUL SAMAD, ,RAVUTHAR PARAMBU,
          MULANKADAKAM, KOLLAM, PIN - 691012.

    11    MUHAMMED SHA, AGED 43 YEARS,
          S/O. SHAJAHAN, AG PERUMALIL KOCHUVEEDU,
          PUNNATHALA, KOLLAM, PIN - 691012.

    12    NASARUDEEN, AGED 65 YEAR,S
          S/O HUSSAIN KUNJU, AMAL MANZIL,
          PUNNATHALA, KOLLAM, PIN - 691012.

    13    NIZAMUDEEN, AGED 50 YEARS,
          S/O MUHAMMED KUNJU, RAVUTHAR PARAMBU,
          MULANKADAKAM, KOLLAM, PIN - 691012.

    14    SAHIL.T., AGED 48 YEARS, S/O.THAJUDEEN,
          KANDATHIL HOUSE, PUNNATHALA, KOLLAM, PIN - 691012.

    15    SHAHUDEEN, AGED 49 YEARS,
          S/O. YOUSUF KUNJU, KOORAVILA VEEDU, PUNNATHALA,
          KOLLAM, PIN - 691012.

    16    UBAID, AGED 49 YEARS, S/O. KAMARUDEEN,
          SHAKEELA MANZIL, MEDEMUKKU, KAVANAD,
          KOLLAM, PIN - 691003.

    17    SHAJAHAN, AGED 41 YEARS,
          S/O JAMALUDHEEN, MLAVE VADAKKETHIL,
          KUREEPPUZHA, KAVANAD, KOLLAM, PIN - 691003.
                                   3

OP(WAKF) No.26 of 2024                               2024:KER:72625



    18     SHIHABUDEEN, AGED 58 YEARS,
           S/O IBRAHIM KUTTY, FATHIMA MANZIL, IRAVIPURAM,
           KOOTTIKADA.P.O., KOLLAM, PIN - 691020

           BY ADV T.R.RAJAN


RESPONDENTS:

    1      KOLLAM MAVALLY MUSLIM JAMA-ATH, MULANGADAKAM,
           THIRUMULLAVARAM.P.O, REPRESENTED BY ITS SECRETARY,
           KOLLAM, PIN - 691012

    2      AJESH HAQUE, S/O. FAZAL HAQUE, JENNATH,
           N.N.NAGAR 119, KOLLAM - SECRETARY,
           MAVALLY MUSLIM JAMA-ATH, PIN - 691012.

    3      MUHAMMED NOUFAL, S/O. ABU MUHAMMED,
           MEKKE ULLURUPPIL, PUNNATHALA, KOLLAM,
           PIN - 691012,

    4      ABDUL JAVAD, S/O. SHAMSUDEEN, THUNDILTHARAYIL,
           MANAYIL KULANGARA, KOLLAM, PIN - 691012.

    5      AJEEB RAHUMAN, S/O. SHOUKKATHALI, MEKKE ULLURUPPIL,
           PUNNATHALA, KOLLAM, PIN - 691012.

    6      ANSAR, S/O. AHAMMAD KOYA, ALANGODE HOUSE,
           MULANGADAKAM, KOLLAM, PIN - 691012.

    7      MUHAMMED KABEER, S/O. ASSANARU, ALFIYA MANZIL,
           KUREEPUZHA, KAVANAD, KOLLAM, PIN - 691003.

    8      NIZAMUDEEN, S/O. JALALUDEEN,KANNIMEL, PALAYIL,
           MULANGADAKAM, KOLLAM, PIN - 691012

    9      SHIHABUDEEN, S/O. ABDUL RAZAK, KALIYAMTHARA HOUSE,
           PUNNATHALA, KOLLAM, PIN - 691012.

    10     ABDUL RAHIM, S/O. ALIYARUKUNJU CHIPPI MANZIL,
           PUNNATHALA, KOLLAM, PIN - 691012.

    11     ABDUL SALAM,   S/O MUHAMMED KUNJU, AATTOOR RAHMATH
                                 4

OP(WAKF) No.26 of 2024                            2024:KER:72625


          MANZIL, PUNNATHALA, KOLLAM, PIN - 691012.

    12    ABDUL SALAM, S/O SULAIMAN KUNJU, NOORJAHAN MANZIL,
          PUNNATHALA, KOLLAM, PIN - 691012.

    13    ANSARUDEEN, S/O. ABDUL KHADAR, NISU MANZIL, NCRA-106A,
          NELLIMUKKU, MULANGADAKAM, KOLLAM, PIN - 691012

    14    ANSAR, S/O MUHAMMED KUNJU, AATTOOR RAHMATH MANZIL,
          PUNNATHALA, KOLLAM, PIN - 691012.

    15    HABEEB MUHAMMED, HARIS MANZIL, PUNNATHALA,
          KOLLAM, PIN - 691012.

    16    NUJUMUDEEN, S/O POOKUNJU, KOOTTILTHAHA,
          THIRUMULLAVARAM, PUNNATHALA, KOLLAM, PIN - 691012

    17    NIYAS, S/O ABDUL LATHEEF, CHETTIYAZHIKATH V EEDU,
          PUNNATHALA, KOLLAM, PIN - 691012.

    18    NOUSHAR, S/O JUBAIRUDEEN, HASEENA MANZIL, PUNNATHALA,
          KOLLAM, PIN - 691012.

    19    SHAMEER, S/O. JAMALUDEEN, AL ABARAR, THEVALAKKARA.P.O.,
          KOLLAM DISTRICT, PIN - 690524

    20    SHARAFUDEEN, S/O ABDUL RAHUMAN, NALANDA NAGAR,
          PUNNATHALA, KOLLAM, PIN - 691012.

    21    SIYAD, S/O ABDUL RASHEED, INCHAYKAL, PUNNATHALA,
          KOLLAM, PIN - 691012.

    22    SIYAD, S/O SHAMSUDEEN, SURYA MANZIL, KOLLAM,
          PIN - 691012.

    23    THAHA KOYA, S/O MUHAMMED KUNJU, FATHIMA MANZIL,
          PUNNATHALA, KOLLAM, PIN - 691012.

    24    KERALA STATE WAQF BOARD,
          REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, VIP ROAD,
          KALOOR, KOCHI, PIN - 682017.

    25    THE DIVISIONAL OFFICER, KERALA STATE WAQFBOARD,
          DIVISIONAL OFFICE, ARTLEE CONFORT, NALANDA ROAD,
                                    5

OP(WAKF) No.26 of 2024                              2024:KER:72625


           PMG, THIRUVANANTHAPURAM, PIN - 695033.

          BY SRI.JAMSHEED HAFIZ, STANDING COUNSEL
THIS OP (WAKF) HAVING COME UP FOR ADMISSION ON 30.09.2024, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
                                      6

OP(WAKF) No.26 of 2024                                   2024:KER:72625



                                JUDGMENT

Harisankar V. Menon, J.

The petitioners have filed this original petition under Article 227 of

the Constitution of India for a direction to the Waqf Tribunal, Kozhikode to

take up and dispose of Ext.P6 petition within a time limit to be fixed by

this Court.

2. The petitioners and respondents 2 to 23 are stated to be the

General Council members of the 1st respondent jama ath. By Ext.P1

resolution dated 12.02.2024, the 1st petitioner was removed from the post

of the President of the jama ath. By the very same resolution, the 23 rd

respondent was elected as the President of the jama ath. Against the

above, the petitioners filed O.P.No.56 of 2024 before the Waqf Board and

by Ext.P3, the Waqf Board - the 24th respondent herein stayed the

operation of Ext.P1 until further orders. It is pointed out by the 1st

petitioner that he is continuing as the President of the jama ath on the

basis of Ext.P1 order even as of now.

3. The petitioners have pointed out in the original petition that

respondents 1 to 23 entered appearance and also filed a counter affidavit

in OP No.56 of 2024. By Ext.P4, the Waqf Board - the 24th respondent

herein has directed the Divisional Waqf Officer - the 25th respondent herein

OP(WAKF) No.26 of 2024 2024:KER:72625

to call for a council meeting of the 1st respondent and also to elect the

President of the jama ath committee through secret ballot system after

following all procedural formalities, within two weeks from the date of

receipt of a copy of this order.

4. Against the order at Ext.P4, the petitioners have filed O.A.No.84

of 2024 before the Waqf Tribunal, Kozhikode, along with an application for

stay, as evidenced by Exts.P5 and P6.

5. The petitioners have filed this original petition, contending that

the Waqf Tribunal, Kozhikode, is delaying the disposal of Exts.P5 and P6.

6. We have heard the learned counsel for the petitioners and the

learned Standing Counsel for respondents 24 and 25.

7. The learned counsel for the petitioners would point out that the

stay petition at Ext.P6 filed in Ext.P5 appeal was posted before the Waqf

Tribunal, Kozhikode on 16.08.2024, 23.08.2024, 03.09.2024 etc. He

points out that respondents 1 to 23 have already filed the counter before

the Wakf Tribunal and the matter was argued before the said Tribunal on

various dates. However, it is pointed out that the Tribunal has not passed

orders on the stay petition, which causes serious prejudice and hardship

to the petitioners. He, therefore, prays that this Court may be pleased to

issue appropriate direction to the Waqf Tribunal, Kozhikode for disposal of

OP(WAKF) No.26 of 2024 2024:KER:72625

Ext.P6 at the earliest.

8. In view of the directions that we propose to issue in this original

petition, notice to respondents 1 to 23 herein will stand dispensed with.

Having considered the submissions made on behalf of the petitioners

as well as the sequence of events, we deem it fit to dispose of this original

petition, without entering into the merits of the contentions raised as

under:

i. The Wakf Tribunal, Kozhikode, to pass orders on I.A.No.703 of

2024 in O.A.No.84 of 2024 (Ext.P6) as expeditiously as

possible, at any rate, within a period of ten days from the date

of receipt of a copy of this judgment.

ii. The Waqf Tribunal, Kozhikode to pass orders as above, after

hearing the petitioners and respondents 1 to 23.

Sd/-

ANIL K.NARENDRAN JUDGE

Sd/-

                                              HARISANKAR V. MENON
                                                        JUDGE
ln


OP(WAKF) No.26 of 2024                             2024:KER:72625



                   APPENDIX OF OP (WAKF) 26/2024

PETITIONERS' EXHIBITS:

EXHIBIT :P1      TRUE COPY OF THE RESOLUTION DATED 12/02/2024
                 OF THE 1ST RESPONDENT

EXHIBIT:P 2      TRUE COPY OF THE ENGLISH TRANSLATION OF
                 EXHIBIT P1

EXHIBIT :P3      TRUE COPY OF THE ORDER DATED 28/2/2024 IN

I.A.NO 58/2024 IN OP NO 56/2024 OF THE 1ST RESPONDENT

EXHIBIT :P4 TRUE COPY OF THE ORDER DATED 11/07/2024 OF THE 1ST RESPONDENT IN OP NO 56/2024

EXHIBIT :P5 TRUE COPY OF THE APPLICATION IN OA NO 84 OF 2024 DATED NIL ON THE FILES OF THE LEARNED WAQF TRIBUNAL, KOZHIKODE FILED BY THE PETITIONERS

EXHIBIT :P6 TRUE COPY OF THE STAY PETITION DATED NIL NAMELY IA NO 703 OF 2024 IN OA NO 84 OF 2024 ON THE FILES OF THE LEARNED WAQF TRIBUNAL, KOZHIKODE FILED BY THE PETITIONERS

EXHIBIT:P7 TRUE COPY OF THE JUDGEMENT DATED 3/9/2024 OF THIS HONOURABLE COURT IN WRIT PETITION(C)NO.

EXHIBIT :P8 TRUE COPY OF THE ARGUMENT NOTES DATED 6/9/2024 FILED BY THE PETITIONERS IN IA NO 703 OF 2024 IN OA NO 84 OF 2024 I

EXHIBIT :P9 TRUE COPY OF THE COUNTER DATED 2/9/2024 FILED BY THE 1ST TO 23RD RESPONDENTS IN IA NO 703 OF 2024 IN OA NO 84 OF 2024

EXHIBIT :P10 TRUE COPY OF THE ARGUMENT NOTES DATED 22/9/2024 FILED BY THE 1ST TO 23RD RESPONDENTS IN IA NO 703 OF 2024 IN OA NO 84 OF 2024