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High Court of KeralaWP(C)/4733/2015disposed of

P.M.Rahmathulla Khan v. The Chief Executive Officer, Kerala State Wakf Board

2015-02-24Honourable Mr.Justice P.R.Ramachandra Menon5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 24TH DAY OF FEBRUARY 2015/5TH PHALGUNA, 1936 PETITIONER(S):

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1. P.M.RAHMATHULLA KHAN, AGED 55 YEARS, S/O.P.E.MUHAMED KHAN, RESIDING AT SHAJA MAHAL (HOUSE), KOTTANGAL HOUSE, MALLAPPALLY TALUK, VAIPUR P.O., PATHANAMTHITTA DISTRICT, PIN-689 588.

2. C.M.RASHEEDA BEEVI, AGED 52 YEARS, W/O.P.M.RAHMATHULLA KHAN, RESIDING AT SHAJA MAHAL (HOUSE), KOTTANGAL HOUSE, MALLAPPALLY TALUK, VAIPUR P.O., PATHANAMTHITTA DISTRICT, PIN-689 588.

3. R.SHANAVAS KHAN, AGED 28 YEARS, S/O.P.M.RAHMATHULLA KHAN, RESIDING AT SHAJA MAHAL (HOUSE), KOTTANGAL HOUSE, MALLAPPALLY TALUK, VAIPUR P.O., PATHANAMTHITTA DISTRICT, PIN-689 588.

4. R.JAFFER KHAN, AGED 22 YEARS, S/O.P.M.RAHMATHULLA KHAN, RESIDING AT SHAJA MAHAL(HOUSE), KOTTANGAL HOUSE, MALLAPPALLY TALUK, VAIPUR P.O., PATHANAMTHITTA DISTRICT, PIN-689 588.

BY ADVS.SRI.R.O.MUHAMED SHEMEEM SMT.NASEEHA BEEGUM P.S.

SRI.T.P.ABDUL HAMEED RESPONDENT(S):

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1. THE CHIEF EXECUTIVE OFFICER, KERALA STATE WAKF BOARD, NEAR INTERNATIONAL STADIUM, KALOOR, ERNAKULAM.

Msv/ -2-

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2. VAIPUR MUSLIM PAZHAYAPALLY JAMA'ATH, VAIPUR (P.O.), MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT, PIN-689 588, REPRESENTED BY ITS PRESIDENT, K.H.SULAIMAN, S/O.MEERAN KUNJU RAWTHER, AGED 70 YEARS, RESIDING AT KALLIPARA VEEDU, PADIMON (P.O.), PIN-689 587.

3. T.A.MUHAMMED ISMAIL,, AGED 45 YEARS, S/O.P.E.ABDUL REHIMAN, VICE PRESIDENT, VAIPUR MUSLIM PAZHAYAPALLY JAMA'ATH, VAIPUR (P.O.), MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT, PIN-689 588.

4. C.I.FASAL, AGED ABOUT 25 YEARS, S/O.K.H.ISMAIL, GENERAL SECRETARY, VAIPUR MUSLIM PAZHAYAPALLY JAMA'ATH, VAIPUR (P.O.), MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT, PIN - 689 588.

5. P.A.REHMATHULLA KHAN, AGED ABOUT 30 YEARS, S/O.ADIMA RAWTHER, SECRETARY, VAIPUR MUSLIM PAZHAYAPALLY JAMA'ATH, VAIPUR (P.O.), MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT, PIN - 689 588.

6. V.K.MOHAMMED HUSSAIN, AGED ABOUT 55 YEARS, S/O.LAE KASSIM RAWTHER, TREASURER, VAIPUR MUSLIM PAZHAYAPALLY JAMA'ATH, VAIPUR (P.O.), MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT, PIN - 689 588.

BY SRI.K.SHIBILI NAHA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 TRUE COPY OF THE BYE LAW OF VAIPUR MUSLI JAMA'ATH. EXT.P2 & P2(A) TRUE COPIES OF THE APPLICATIONS DATED 23.06.2014 UNDER RIGHT TO INFORMATION ACT SUBMITTED TO THE INFORMATION OFFICER MUHAMMADEN L.P.SCHOOL, BY THE IST AND 2ND PETITIONERS.

EXT.P3 TRUE COPY OF THE REPLY DATED 25.07.2014 BY THE HEAD MASTER MUHAMMADEN L.P.SCHOOL, TO THE IST PETITIONER. EXT.P4 TRUE COPY OF THE PETITION DATED 22.06.2014 BY THE PETITIONER TO THE IST RESPONDENT.

EXT.P5 TRUE COPY OF THE REPORT DATED 07.10.2014 BY THE WAQF INSPECTOR, DIVISIONAL OFFICE AT THIRUVANANTHAPURAM.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

P.R. RAMACHANDRA MENON J.

~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 4733 of 2015 ~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 24th day of February, 2015

JUDGMENT

The petitioners have approached this Court with the following prayers :

"i, To issue a writ of mandamus or any other appropriate writs, order or directions commanding the st respondent to consider and pass appropriate order on Exts. P4 and P5 in accordance with law as expeditiously as possible.

ii. To issue a writ of mandamus or any other appropriate writs, order or directions commanding the respondents to provide with all religious and other services of the 1 st respondent Jama'ath to the petitioners and their family in any mode and permit him to perform Namaz and other rituals, practices and routine observances in the mosque and Waqf uninterruptedly including participate in election and General Body Meeting till the disposal of Exts. P4 and P5.

iii. To grant such other reliefs as may be deemed just and proper.

W.P.(C) No. 4733 of 2015 : 2 :

2. The learned counsel for the petitioners submits that the petitioner will be satisfied, if a direction is given to the first respondent to consider and pass appropriate orders on Exts. P4 and P5 within a reasonable time.

3. Heard the learned standing counsel for the respondents as well.

4. Considering the limited extent of relief sought for, this Court does not find it necessary to adjudicate the matter on merits. The Writ Petition is disposed of, directing the first respondent to consider and pass appropriate orders on Exts. P4 and P5 in accordance with law with notice to the petitioner and the respondents 3 to 6, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. Petitioners shall produce a copy of this judgment along with copy of the writ petition before the first respondent for further steps.

Sd/- P. R. RAMACHANDRA MENON, (JUDGE) kmd