Muhammed Rafi v. The Kerala State Wakf Board
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 29TH DAY OF JANUARY 2015/9TH MAGHA, 1936 WP(C).No. 2886 of 2015 (I) ------------------------------------ PETITIONER(S):
-----------------------
1. MUHAMMED RAFI, AGED 37 YEARS, S/O.MUHAMMED KOYA, MULLAVEETIL HOUSE, OLAVANNA AMSOM DESOM, KOZHIKODE, PRESIDENT, HIDAYATHUL ISLAM MADRASSA PARIPALANA SANGHAM, OLAVANNA.
2. SHIHABUDHEEN, AGED 42 YEARS, S/O.KUNHI MOIDEENKUTTY, MANGATTU HOUSE, OLAVANNA AMSOM, KOZHIKODE, SECRETARY, HIDAYATHUL ISLAM MADRASSA PARIPALANA SANGHAM, OLAVANNA.
BY ADVS.SRI.P.K.MOHAMMED PUZHAKKARA SRI.T.K.HASSAN SRI.SAJEEVAN KURUKUTTYULLATHIL RESPONDENT(S):
--------------------------
1. THE KERALA STATE WAKF BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, V.I.P.ROAD, KALOOR, KOCHI - 17.
2. THE DIVISIONAL OFFICER, KERALA STATE WAKF BOARD, DIVISIONAL OFFICE, KOZHIKODE - 673 328.
BY SRI.K.SHIBILI NAHA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/
WP(C).No. 2886 of 2015 (I) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1: TRUE COPY OF THE REGISTRATION CERTIFICATE OF HIDAYATHUL ISLAM MADRASSA ISSUED FROM THE KERALA STATE WAKF BOARD, ERNAKULAM AS NO. 1187/RA.
EXT.P2: TRUE COPY OF CERTIFICATE OF REGISTRATION OF HIDAYATHUL ISLAM MADRASSA PARIPALANA SANGHAM UNDER THE SOCIETIES REGISTRATION ACT AS S.NO. 448/2008.
EXT.P3: THE PHOTOCOPY OF THE PROCEEDINGS NO. B3-3313/2014 DATED 18/10/2014 OF TAHSILDAR, KOZHIKODE.
EXT.P4: TRUE COPY OF THE CERTIFICATE NO. C2-1187/RA DATED 16/03/2007. EXT.P5: TRUE COPY OF THE PROCEEDINGS NO. A1-1187/RA DATED 24/02/2014 ISSUED BY THE JUNIOR SUPERINTENDENT, KERALA STATE WAKF BOARD. EXT.P6: TRUE COPY OF OWNERSHIP CERTIFICATE NO. B4-3271/2014 STATING THAT BUILDING NO. OP.8/48 IS OWNED BY THE SECRETARY TO THE MADRASSA ISSUED BY THE GRAMA PANCHAYATH, OLAVANNA.
EXT.P7: TRUE COPY OF TAX RECEIPT AS PER BOOK NO. 00554 RECEIPT NO. 0055328 DATED 18/10/2014 OF OLAVANNA VILLAGE OFFICER. EXT.P8: THE PHOTOCOPY OF THE LETTER DATED 21/04/2014 TO THE 1ST RESPONDENT.
EXT.P9: THE PHOTOCOPY OF THE LETTER DATED 21/04/2014 TO THE 2ND RESPONDENT.
RESPONDENT(S)' EXHIBITS:
----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/
P.R. RAMACHANDRA MENON, J.
--------------------------------------- W.P.(C) No.2886 of 2015 --------------------------------------- Dated this the 29th day of January, 2015
JUDGMENT
The petitioners have approached this Court with the following prayers:
"i) to issue a writ of mandamus or other appropriate writ or order directing the respondents 1 and 2 to pass orders on Exts.P8 and P9 petitions immediately;
ii) to grant such other reliefs as this Honourable Court may deem fit and proper in the interest of justice."
2. The learned counsel for the petitioners points out that, the grievance of the petitioners as put forth in the writ petition has also been highlighted before the 1st respondent by way of Ext.P8 and that the petitioner will be satisfied, if a direction to be given to the 1st respondent to have it considered and disposed of within a reasonable time.
3. Heard the learned Standing Counsel appearing for the respondents as well.
4. After hearing both the sides, the writ petition is disposed of, directing the 1st respondent to pass appropriate orders on Ext.P8 preferred by the petitioners, after affording an opportunity
W.P.(C) No.2886 of 2015 of hearing to the petitioners and other interested parties, if any, at the earliest, at any rate, within 'three months' from the date of receipt of a copy of this judgment.
Petitioners shall produce a copy of this judgment, along with a copy of the writ petition, before the 1st respondent, for further steps.
P.R. RAMACHANDRA MENON, JUDGE sp