Illikkal Kunhimoideen @ Bapputty Haji v. Kalliyil Pareekutty

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE SUNIL THOMAS FRIDAY, THE 12TH DAY OF JUNE 2015/22ND JYAISHTA, 1937 CRP(WAKF).No. 250 of 2015 () ----------------------------- I.A.832/2013 IN O.S.56/2013 OF THE WAKF TRIBUNAL, KOZHIKODE DATED 05.01.2015 REVISION PETITIONERS:(RESPONDENTS 3, 4, 5, 1/DEFENDANTS 3, 4, 5, 1) -------------------------- 1.

ILLIKKAL KUNHIMOIDEEN @ BAPPUTTY HAJI AGED 72 YEARS, S/O.HASSAN HAJI RAZEENA MANZIL, PRESIDENT, PUTTEKKADU MATHALLU JUMA-ATH PALLI COMMITTEE, FEROKE AMSOM, NALLUR DESOM KOZHIKODE TALUK ILLIKKAL ABDUL RAHIMAN AGED 57 YEARS, S/O.ILLIKKAL HASSAN HAJEE MELAYITHARA HOUSE TREASURER, PUTTEKKADU MAHALLU JUMA-ATH PALLI COMMITTEE FEROKE AMSOM, NALLUR DESOM KOZHIKODE TALUK 3.

ILLIKKAL ZAINUDDHIN AGED 49 YEARS, S/O.ILLIKKAL KUNHIMOIDEEN @ BAPPUTTY HAJI RAZEENA MANZIL, PUTTEKKADU FEROKE P O 4.

PUTTEKKADU MAHALLU JUMA-ATH PALLI COMMITTEE (REG.NO.250/2001 REGISTERED AS PER the SOCIETIES REGISTRATION ACT), REPRESENTED BY KUNJUMOHAMMED MASTER AGED 67 YEARS, S/O. KUNHIMOIDEEN RESIDING AT MELPALLI HOUSE, PUTTEKKADU FEROKE P O, KOZHIKODE BY ADV. SRI.T.M.ABDUL LATHEEF

CRP(WAKF).No. 250 of 2015 RESPONDENTS:(PETITIONERS & RESPONDENTS 2 & 6/PLAINTIFFS & DEFENDANTS 2 & 6) ---------------------------- 1.

KALLIYIL PAREEKUTTY S/O.MOYINKUTTY THAHA MANZIL, PUTTEKKATT PO FEROKE NALLUR, KOZHIKODE - 673 631 ILLIKKAL MUHAMMED HANEEFA, S/O.MOHAMMED THAZHE IDAKKAYIL HOUSE, PUTTEKKATT NALLUR, P O FEROKE - 673 631 3.

MOYINKUTTY S/O.AVARANKUTTY SECRETARY, PUTTEKKATT MAHALLU JUMA-ATH PALLI COMMITTEE FEROKE P O, NELLUR, KOZHIKODE - 673 631 4.

KERALA STATE WAKF BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER NEAR KALOOR STADIUM ERNAKULAM , COCHIN - 682 017 R1 BY ADV. SRI.R.RAMADAS (CAVEATOR) R BY SRI.K.SHIBILI NAHA, SC, KERALA STATE WAKF BOARD THIS CRP (WAKF ACT) HAVING COME UP FOR ADMISSION ON 12-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

THOTTATHIL B. RADHAKRISHNAN & SUNIL THOMAS, JJ.

============================== C.M.Appl.No.317 of 2015 & C.R.P(Wakf).No.250 of 2015 ============================== Dated this the 12th day of June, 2015

ORDER

Thottathil B. Radhakrishnan, J.

Heard the learned counsel for the revision petitioners and the contesting respondent.

This revision is against an order of temporary injunction issued by the court below restraining certain activities in connection with the demolition or reconstruction of a Juma-ath mosque. The application seeking condonation of delay is supported by an affidavit disclosing reasons. On hearing the learned counsel for the parties, we do not see any ground to interfere with the impugned order. Suffice it to say, since the suit itself is ripe and is listed for trial, the Tribunal will proceed with the trial of the suit untrammelled by anything stated in the impugned order. It is agreed to between the parties that the revision can be ordered in such manner.

In the result, C.M.Application is allowed and C.R.P is ordered as above.

Sd/- THOTTATHIL B. RADHAKRISHNAN Judge Sd/- SUNIL THOMAS Judge Sbna