S.V.P Pookoya v. The Lakshadweep State Wakf Board
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE SMT. JUSTICE P.V.ASHA THURSDAY, THE 9TH DAY OF APRIL 2015/19TH CHAITHRA, 1937 OP (WAKF).No. 13 of 2015 (R) ----------------------------- AGAINST THE ORDER/JUDGMENT IN WTOA 1/2012 of WAKF TRIBUNAL, KAVARATTI D PETITIONER(S):
--------------------------
1. S.V.P POOKOYA AGED 75 YEARS S/O. SYED KOYA RESIDING AT SHEIKINTE VEEDU PADIPPURA ANDROTT ISLAND, LAKSHADWEEP.
2. S.V.SYED MUHAMMED KOYA THANGAL AGED 55 YEARS S/O. ATTAKOYA THANGAL, RESIDING AT SHEIKINTE VEEDU ANDROTT ISLAND, LAKSHADWEEP ISLAND.
3. S.V.P.SYED HASSAN THANGAL S/O. JAMALUDDIN THANGAL, SHEIKINTEVEEDU PADIPPURA ANDROTT ISLAND UNION TERRITORY OF LAKSHADWEEP. BY ADVS.SRI.T.SETHUMADHAVAN (SR.) SRI.R.PARTHASARATHY SMT.N.DEEPA RESPONDENT(S):
----------------------------
1. THE LAKSHADWEEP STATE WAKF BOARD KAVARATTI REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/SECRETARY UNION TERRITORY OF LAKSHADWEEP NEAR DISTRICT AND SESSIONS COURT, SANTHIPATH ROAD KAVARATTI, LAKSHADWEEP ISLAND-682 553.
2. S.V.CHERIYAKOYA THANGAL S/O. KOYAMMAKOYA THANGAL RESIDING AT SHEIKINTE VEEDU, ANDROTH ISLAND LAKSHADWEEP ISLAND, PIN-682 551.
R2 BY ADV. SRI.SYAM PADMAN R1 BY ADV. SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN THIS OP (WAKF) HAVING BEEN FINALLY HEARD ON 09-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (WAKF).No. 13 of 2015 (R) ----------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 : COPY OF WTOA 1/12 ON THE FILE OF WAQF TRIBUNAL, KAVARATTI. P2 : COPY OF THE ORDER OF THE 1ST RESPONDENT IN WC 1/2010. P3 : COPY OF THE ORDER OF THE JUDGMENT OF THIS HON'BLE COURT IN SA 698/99.
P4 : COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WA 359/2010. P5 : COPY OF THE ORDER IN IA 58/15 DTD.18.3.2015. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL P.S. TO JUDGE
T.R. RAMACHANDRAN NAIR & P.V. ASHA, JJ.
- - - - - - - - - - - - - - - - - - - - - - - - - O.P. (Wakf)No.13 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of April, 2015
JUDGMENT
Ramachandran Nair, J.
The petitioners have sought for the following directions: "(i) To direct the Wakf Tribunal to comply with C.A. No.88/2015 and issue a certified copy of the order to the petitioners;
(ii) to issue an appropriate order directing the first respondent to keep in abeyance the operation of the judgment in W.T.O.A. No.1/12 on the file of the Wakf Tribunal, Lakshadweep dated 17.3.2015 for a further period of two months from 18.4.2015 so as to enable the petitioners to file a revision petition before this Court."
3. We heard learned Senior Counsel for the petitioners Shri T. Sethumadhavan and learned counsel Shri P.A. Harish, learned Standing Counsel for the first respondent and Shri Syam Padman, learned counsel appearing for the second respondent.
4. It is submitted by the learned Senior Counsel for the first
OP(Wakf) 13/2015 respondent that the Tribunal has kept in abeyance the order till 18.4.2015. Learned counsel appearing for the second respondent submitted that copy of the order was issued to the petitioners today and learned Standing Counsel for the first respondent submitted that copy is ready for issuance to the petitioners.
5. Therefore, the petitioners will have to collect copy from the Tribunal. We are informed that the Sub Divisional Officer, Androth is in possession of the mosque, as per the arrangements made at the earlier stage of the proceedings.
6. For enabling the petitioners to file a revision petition before this Court, we direct to keep in abeyance the implementation of the order of the Wakf Board till 10.5.2015.
The Original Petition is disposed of as above. No costs. (T.R. RAMACHANDRAN NAIR, JUDGE.) (P.V. ASHA, JUDGE.) kav/