M.M.Shajahan v. The District Collector, Kottayam
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 31ST DAY OF JULY 2015/9TH SRAVANA, 1937 WP(C).No. 8465 of 2015 (G) --------------------------- PETITIONER :
--------------------- M.M.SHAJAHAN AGED 49 YEARS,S/O. LATE MUHAMMED MUDOOR VEEDU, POOZHIKOL P.O., KADUTHURUTHY, KOTTAYAM DISTRICT PIN - 686 604.
BY ADVS.SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.K.A.NOUSHAD SRI.RAHUL KANDAMPULLY SRI.MITHUN BABY JOHN SRI.J.RAMKUMAR RESPONDENT(S) :
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1. THE DISTRICT COLLECTOR, KOTTAYAM-686 001.
2. THE SUB DIVISIONAL MAGISTRATE/ REVENUE DIVISIONAL OFFICER, PALA-686 575.
3. THE ADDITIONAL TAHSILDAR, VAIKOM-686 141.
4. THE CHIEF EXECUTIVE OFFICER, KERALA STATE WAKF BOARD, V.I.P. ROAD, KALOOR-682 017.
5. THE SECRETARY/MUTHAVALLI, MANNAR-POOZHIKOL MUSLIM JUMA ATHE POOZHIKOL P.O, KADUTHURUTHY, KOTTAYAM PIN-686 604.
...2/-
WP(C).No. 8465 of 2015 (G) -2-
6. MYMOON BEEVI M.S., AGED ABOUT 58 YEARS, D/O.SAIDU MOHAMMED, MUDOOR HOUSE, POOZHIKOL P.O., KADUTHURUTHY, KOTTAYAM DISTRICT, PIN-686 604.
R1 TO R3 BY GOVT. PLEADER SMT. C.K.SHERIN R4 BY ADV. SRI.K.SHIBILI NAHA, SC R6 BY ADVS. SRI.T.H.ABDUL AZEEZ SRI.K.V.VASAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn ...3/-
WP(C).No. 8465 of 2015 (G) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS :
------------------------------------- EXHIBIT P-1: A TRUE COPY OF THE ORDER DATED 19.6.2012 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P-2: A TURE COPY OF THE REPORT DATED 28-09-2012 SUBMITTED BY THE ADDITIONAL TAHSILDAR, VAIKOM ALONG WITH THE SEKTCH DATED 23.2.2011 OF THE TALUK SURVEYOR.
EXHIBIT P-3: A TURE COPY OF THE FINAL ORDER DATED 28.3.2012 ISSUED BY THE 4TH RESPONDENT FOR EXECUTION OF THE SAME BY THE 2ND RESPONDENT.
EXHIBIT P-4: A TRUE COPY OF THE ORDER DATED 11.6.2013 IN W.O.A NO.17/2012 OF THE HON'BLE WAKF TRIBUNAL.
EXHIBIT P-5: A TRUE COPY OF THE LETTER DATED 20.11.2013 ISSUED BY THE 4TH RESPONDENT TO THE 1ST RESPONDENT.
RESPONDENT(S)' EXHIBITS : NIL ------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn
K. VINOD CHANDRAN, J.
- - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - W.P(C) No.8465 of 2015 - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - Dated this the 31st day of July, 2015
J U D G M E N T
The petitioenr is a member of the Jumaath of which the 5th respondent Secretary seeks implementation of Ext.P4. The controversy revolves around an alleged encroachment of the 6th respondent into Waqf property. The 4th respondent-the Chief Executive Officer is said to have conducted an enquiry and on the basis of Ext.P2 sought for eviction of the 6th respondent from the encroachment. The 6th respondent filed an appeal before the Waqf Tribunal which was disposed of by Ext.P4. In Ext.P4 it was directed that the 1st respondent therein, that is the 4th respondent herein would take steps to conduct a proper survey. The order passed by the 4th respondent was also set aside.
2. The learned counsel appearing for the 6th
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respondent submits that the petitioner has no locus standi and it is for the 1st respondent to carry out the directions of Ext.p4. In any event, the learned Government Pleader submits that the survey as directed in Ext.P4 has been conducted at the instance of the 4th respondent and the survey plan and sketch would be handed over to the 4th respondent expeditiously. Recording the submission of the learned Government Pleader, the writ petition would stand disposed of. Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge