High Court of KeralaWP(C)/5357/2015disposed of

P.P Aboobacker v. The Chief Executive Officer

2015-03-19Honourable Mr.Justice P.R.Ramachandra Menon5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 19TH DAY OF MARCH 2015/28TH PHALGUNA, 1936 WP(C).No. 5357 of 2015 (T) --------------------------- PETITIONER(S):

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1. P.P ABOOBACKER, S/O.ALI AHAMMED, AGED 58 YEARS, PARAPPORAYYIL HOUSE, PERUMPADAPPU P.O, MALAPPURAM DISTRICT, PIN - 679 580.

2. M.K.BEERANKUTTY, S/O.UMMER, AGED 53 YEARS, ARIKKATTIL HOUSE, PERUMPADAPPU P.O, MALAPPURAM DISTRICT, PIN - 679 580.

BY ADVS.SRI.P.A.ABDUL JABBAR SRI.MUHAMMED SHAFFI RESPONDENT(S):

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1. THE CHIEF EXECUTIVE OFFICER, KERALA STATE WAKF BOARD, VIP ROAD, KALOOR, KOCHI, PIN - 682 017.

2. KERALA STATE WAKF BOARD, VIP ROAD, KALOOR, KOCHI, PIN - 682 017, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

3. PUTHAN PALLI JARAM, MADRASSA & HOSPITAL COMMITTEE, REPRESENTED BY ITS SECRETARY, PERUMPADAPPU P.O, MALAPPURAM DISTRICT, PIN - 679 580.

4. A.C.USMAN, AGED 62 YEARS, S/O.MUHAMMED UMMAR, AMMANETT, CHITTARAYIL - THE PRESIDENT, PUTHAN PALLI JARAM, MADRASSA & HOSPITAL COMMITTEE, PERUMPADAPPU P.O., MALAPPURAM DISTRICT, PIN - 679 580.

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5. MAJEED MARATHAYIL, AGED 45 YEARS, S/O.MUHAMMU - THE SECRETARY, PUTHAN PALLI JARAM, MADRASSA & HOSPITAL COMMITTEE, PERUMPADAPPU P.O., MALAPPURAM DISTRICT, PIN - 679 580.

6. K.C.MUHAMMED KOYA, EXECUTIVE OFFICER (APPOINTED BY THE WAKF BOARD), PUTHAN PALLI JARAM, MADRASSA & HOSPITAL COMMITTEE, PERUMPADAPPU P.O., MALAPPURAM DISTRICT, PIN - 679 580.

R1 & R2 BY SRI.K.SHIBILI NAHA, SC R3 & R5 BY ADV. SRI.K.K.PREMALAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 5357 of 2015 (T) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXT.P1:

TRUE COPY OF THE BYE-LAW OF THE 3RD RESPONDENT DATED NIL. EXT.P2:

TRUE COPY OF THE APPLICATION SUBMITTED BY 1ST PETITIONER BEFORE THE 2ND RESPONDENT DATED 02.09.2014.

EXT.P3:

TRUE COPY OF THE LETTER RECEIVED FROM THE 2ND RESPONDENT DATED 12.09.2014.

EXT.P4:

TRUE COPY OF THE LETTER RECEIVED FORM THE 2ND RESPONDENT ALONG WITH STATEMENT OF ACCOUNTS DATED 30.10.2014. EXT.P5:

TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 1ST RESPONDENT BY THE COMMITTEE MEMBERS OF THE 3RD RESPONDENT DATED 28.06.2014.

EXT.P6:

TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 5TH RESPONDENT BY THE MEMBERS OF THE 3RD RESPONDENT DATED 03.06.2014.

EXT.P7:

TRUE COPY OF THE APPEAL SUBMITTED BEFORE THE 1ST RESPONDENT BY THE 1ST PETITIONER DATAED 23.12.2014. EXT.P8:

TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DATED 28.01.2015.

RESPONDENT(S)' EXHIBITS:

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

P.R.RAMACHANDRA MENON, J.

----------------------------------------- W.P.(C).No.5357 of 2015 ----------------------------------------- Dated this the 19th day of March, 2015

JUDGMENT

The petitioners have approached this Court with the following prayers:

Issue a writ of mandamus or any other writ, order or direction directing the respondents 1, 2 and 6 to furnish a copy of the Audit Report of the 3rd respondent Waqf for the financial year of 2012-13 to the petitioners forthwith.

2. Heard the learned counsel for the petitioners, the learned standing counsel appearing for respondents 1 and 2 and also the learned counsel appearing for respondents 3 and 5.

3. After hearing both the sides this Court finds that the prayer made by the petitioners is only to furnish a copy of the audit report of the third respondent for the financial year 201213. This Court does not find that any tenable objection can be raised by the respondents in this regard and as such, the writ petition is disposed of, directing the concerned respondent to furnish a copy of the audit report of the third respondent for the

financial year 2012-13 subject to satisfaction of other requirements, if any, in accordance with law. This shall be done as expeditiously as possible, at the earliest, at any rate, within 'two weeks' from the date of receipt of a copy of this judgment. The petitioners shall produce a copy of this judgment, along with a copy of the writ petition, before the concerned respondent, for further steps.

P.R.RAMACHANDRA MENON, JUDGE.

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