K.P.Sulaiman v. E.S.M.Kabeer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MRS. JUSTICE MARY JOSEPH THURSDAY, THE 26TH DAY OF NOVEMBER 2015/5TH AGRAHAYANA, 1937 OP (WAKF).No. 21 of 2015 (R) ----------------------------- AGAINST THE ORDER/JUDGMENT IN I.A.NO.143/2015 IN OS 97/1101 ME of WAKF TRIBUNAL, ERNAKULAM DATED 06.06.2015 PETITIONER(S):

-------------------------- 1.

K.P.SULAIMAN, S/O.PAREED, AGED 61 YEARS, THAVAKKAL MANZIL, NARIPPARAYIL KANJIRAMATTOM P.O, PIN -682 315 (PRESIDENT, KANJIRAMATTOM MUSLIM JAMA'ATH & MEMBER OF THE COMMITTEE OF YOGAM OF KANJIRAMATTOM MOSQUE ELECTED AS PER THE SCHEME) 2.

V.K.AJMAL, S/O.KOCHUNNI, AGED 36 YEARS, VALUMMEL HOUSE, KANJIRAMATTOM P.O.

ERNAKULAM DIST., PIN-682 315, (MEMBER OF COMMITTEE ELECTED FROM THE YOGAM OF THE MOSQUE).

3.

E.M. BASHEER AGED 60 YEARS, S/O.MOHAMMED, EDAVATTATH HOUSE, KANJIRAMATTOM P.O.

ERNAKULAM DIST. PIN-682 315 (MEMBER OF COMMITTEE ELECTED FROM YOGAM) 4.

K.A. JABBAR, S/O.KOCHUNNI KAREDATH, KANJIRAMATTOM P.O., PIN - 682 315, (MEMBER OF COMMITTEE ELECTED BY THE YOGAM).

BY ADVS.SRI.T.M.MOHAMED YOUSEFF (SR) SMT.AYSHA YOUSEFF SMT.MOLLY JACOB SRI.JOBI.A.THAMPI SRI.C.M.EBRAHIM SMT.ASHIFA TALIB SMT.RABIA BEEGAM T.K.

RESPONDENT(S):

---------------------------- 1.

E.S.M. KABEER ADVOCATE, MANAGER, KANJIRAMATTOM MOSQUE KANJIRAMATTOM P.O., PIN-682 315, ERNAKULAM DIST.

OP(WAKF)21/15 2.

THE CHIEF EXECUTIVE OFFICER, KERALA STATE WAKF BOARD, KALOOR, KOCHI-682 017.

3.

M.M. SALIM, EXECUTIVE OFFICER, KANJIRAMATTOM MOSQUE KANJIRAMATTOM P.O., PIN - 682 315, ERNAKULAM DISTRICT.

R1 BY SRI.ESM.KABEER R2 BY SRI.K.SHIBILI NAHA, SC, KERALA STATE WAKF BOARD THIS OP (WAKF) HAVING BEEN FINALLY HEARD ON 26-11-2015, ALONG WITH OP(WAKF) 22 OF 2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP (WAKF).No. 21 of 2015 (R) ----------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 - RELEVANT EXTRACT OF THE SCHEME IN OS.97/1101 ME P2 - COPY OF THE APPOINTMENT ORDER OF 2ND RESPONDENT AS MANAGER DIRECTING TO TAKE CHARGE.

P3 - COPY OF THE APPOINTMENT ORDER OF 3RD RESPONDENT. P4 - COPY OF THE APPOINTMENT ORDER OF MOHAMMED. P5 - COPY OF THE NOTIFICATION DATED 1.11.2013 P6 - COPY OF THE FIR IN CRIME NO.188/15.

P7 - COPY OF THE ORDER IN OP (WAKF)1/2015 DT.9.1.2015 P8 - COPY OF THE REPORT FILED BY THE WAKF TRIBUNAL BEFORE THE HON'BLE HIGH COURT DATED 8.1.2015 P9 - COPY OF THE REPORT DATED 16.1.2015 BEFORE THE WAKF TRIBUNAL FILED BY THE 2ND RESPONDENT.

P10 - COPY OF THE ORDER OF THE WAKF TRIBUNAL. P11 - COPY OF THE COMMON JUDGMENT DATED 29.1.2015 IN OP(WAKF) 1/2015 AND 4/2015 P12 - COPY OF THE JUDGMENT IN OP(WAKF)97/1101 ME DT.28.3.2015.

P13 - COPY OF THE JUDGMENT IN OP(WAKF)11/2015 DT.10.4.2015. P14 - COPY OF THE JUDGMENT IN OP (WAKF)14/2015 DT.10.4.2015 P15 - COPY OF THE ORDER DATED 6.6.2015 IN I.A.NO.143/2015 P16 - COPY OF THE ORDER DATED 6.6.2015 IN IA.143/2015 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL //TRUE COPY// PA TO JUDGE.

jg-15/12

THOTTATHIL B.RADHAKRISHNAN & MARY JOSEPH, JJ.

.................................................................... OP(Wakf) Nos.21 and 22 of 2015 .................................................................... Dated this the 26th day of November, 2015.

J U D G M E N T

Thottathil B.Radhakrishnan, J.

1.We have heard the learned Senior counsel for the petitioners in these original petitions filed under Article 227 of the Constitution of India. We have also heard the learned standing counsel for the Wakf Board and Adv.E.S.M.Kabir, who is the manager of Kanjiramattom mosque.

2.We have delinked two original petitions, which were listed along with the captioned matters, since they can be decided separately. 3.Insofar as the original petitions in hand are concerned, the issue revolves around the decision of the Wakf Tribunal to permit Mr.M.M.Salim, third respondent in O.P.(Wakf) No.21 of 2015, to act as the executive officer even after the appointment of Adv.E.S.M.Kabir as the manager. It is not in dispute that Mr.Salim

OP(Wakf)21&22/15 -2was appointed as the executive officer while the chief executive officer of the Wakf Board was made the manager. Mr.Salim being an employee of the Wakf Board was obviously the choice. That was appropriately made at that point of time. However, when Adv.E.S.M.Kabir was brought in as the manager of Kanjiramattom mosque, administrative wisdom and the consequential judicial exercise should have left it to Adv.E.S.M.Kabir to appoint a proper person of his choice to be the executive officer who will work under the command of Adv.E.S.M.Kabir and such officiation by the executive officer whom Adv.E.S.M.Kabir may choose, will be coterminus with the office of Adv.E.S.M.Kabir as the manager of Kanjiramattom mosque.

We are clear in our mind that going by the submission, this is all that needs to be done particularly when the learned Tribunal was justified in saying in the order impugned in O.P.(Wakf) No.

OP(Wakf)21&22/15 -3orders of the manager.

In the result, these original petitions are ordered confirming the order impugned in O.P.(Wakf) No.22 of 2015 and modifying the order impugned in O.P.(Wakf) No.21 of 2015 to the effect that Adv.E.S.M.Kabir who is now the manager of Kanjiramattom mosque will be at liberty to retain any executive officer whom he has appointed to be co-terminus with the term of office of Adv.E.S.M.Kabir as the manager of Kanjiramattom mosque. (THOTTATHIL B.RADHAKRISHNAN, JUDGE) (MARY JOSEPH, JUDGE) jg-27/11