High Court of KeralaWP(C)/992/2015disposed of

Arimbrathodi Hamza v. Kerala State Wakf Board

2015-01-12Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 12TH DAY OF JANUARY 2015/22ND POUSHA, 1936 WP(C).No. 992 of 2015 (Y) -------------------------- PETITIONER :

--------------------- ARIMBRATHODI HAMZA S/O. MUHAMMAD, ARIKKANCHOLA P.O., PALLIKKAL MALAPPURAM DISTRICT.

BY ADV. SRI.C.P.MOHAMMED NIAS RESPONDENT(S) :

----------------------------

1. KERALA STATE WAKF BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER REGIONAL OFFICE, EROTH CENTRE, BANK ROAD KOZHIKODE-673001.

2. CHIEF EXECUTIVE OFFICER KERALA STATE WAKF BOARD, REGIONAL OFFICE, EROTH CENTRE BANK ROAD, KOZHIKODE-673001.

3. ARIMBRATHODI BEERAJ HAJI S/O. MOIDUTTY HAJI, P.O. PUTHUR PALLIKKAL, TENHIPALAM MALAPPURAM DISTRICT-676639.

4. ARIMBRATHODI SAIDALAVI HAJI S/O. KUTTY HASSAN HAJI, P.O. PUTHUR PALLIKKAL TENHIPALAM, MALAPPURAM DISTRICT-676639.

5. KADALUNDI PULIKKALAKATH KUNHIKOYA THANGAL S/O. IMBICHIKOYA THANGAL, P.O. PUTHUR PALLIKKAL TENHIPALAM, MALAPPURAM DISTRICT-676639.

6. PATHUMMAKUTTY W/O. ARIMBRATHODI BEERAN HAJI, P.O. PUTHUR PALLIKKAL TENHIPALAM, MALAPPURAM DISTRICT-676639.

7. MANAKKADAVAN ABDUL KADER S/O. MOIDEEN KUTTY, SECRETARY, JUMAATH PALLI P.O. PALLIKKAL, MALAPPURAM DISTRICT-676639.

R1 & R2 BY ADV. SRI.K.SHIBILI NAHA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 992 of 2015 (Y) ------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT P1:

TRUE COPY OF THE ORDER DATED 24.2.2010 OF THE IST RESPONDENT.

EXHIBIT P2:

TRUE COPY OF THE APPLICATION UNDER THE RTI ACT SUBMITTED BY THE PETITIONER.

EXHIBIT P3:

TRUE COPY OF THE REPLY RECEIVED BY THE PETITIONER FROM THE IST RESPONDENT ON 5.11.2014.

EXHIBIT P4:

TRUE COPY OF THE LETTER DATED 10.11.2014 SENT BY THE PETITIONER TO THE 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS : NIL --------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

P.R. RAMACHANDRA MENON, J.

----------------------------------- W.P(C). No. 992 of 2015 ------------------------------------------- Dated this the 12th day of January, 2015

J U D G M E N T

The petitioner has approached this Court with the following prayers:

"(i) to issue a writ of mandamus or any other appropriate writ order or direction commanding the 2nd respondent to give effect to the direction of the 1st respondent in Ext.P1 order;

(ii) in the alternative, to issue a writ of mandamus or any other appropriate writ order or direction commanding the 2nd respondent to consider and pass orders on Ext.P4 letter of the petitioner within a time frame to be fixed by this Hon'ble Court;" 2.

Heard the learned Standing Counsel for the respondents.

Considering the limited relief sought for, this Court does not find it necessary to go in to the merits of the case. The writ petition is disposed of, directing the 2nd respondent to consider and pass appropriate orders on Ext.P1, in accordance with law, after affording an opportunity of hearing to the petitioner and also to respondents 3 to 7, at the earliest, at any

WP(c). No.992 of 2015 rate, within a period of 'three months' from the date of receipt of a copy of this judgment.

The petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 2nd respondent for further steps.

Sd/- P.R. RAMACHANDRA MENON, JUDGE.