P.C.Ameenullah v. Adv. K.Shahjahan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 7TH DAY OF APRIL 2015/17TH CHAITHRA, 1937 WP(C).No. 10895 of 2015 (J) ---------------------------- PETITIONER(S):
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1. P.C. AMEENULLAH, S/O.MUHAMMAD, CRESENT, ELAYAVOOR P.O., VARAM, KANNUR - 670 594.
2. K.K. TAJUDHEEN, S/O.MOIDU, TAJ MAHAL, ELAYAVOOR P.O., VARAM, KANNUR - 670 594.
BY ADVS.SRI.R.HARIKRISHNAN, SRI.E.RAMACHANDRAN, SRI.K.B.SIVARAMAKRISHNAN, SMT.A.SINDHULAKSHMY, SRI.R.UMASANKAR, SMT.SINDHU SARAH THOMAS.
RESPONDENTS:
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1. ADV. K.SHAHJAHAN, RETURNING OFFICER, (APPOINTED BY KERALA STATE WAKF BOARD), ROLL NO. K/1431/2003, DISTRICT COURT, THALASSERY, THALASSERY BAR ASSOCIATION.
2. ELAVAYOOR MANARUL HUDA JAM-ATH COMMITTEE, REPRESENTED BY ITS ACTING SECRETARY, ELAVAYOOR, CALICUT.
3. KERALA STATE WAKF BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, VIP ROAD, KALOOR, KOCHI - 682 017.
R3 BY ADV. SRI.K.SHIBILI NAHA, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 10895 of 2015 (J) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:
TRUE COPY OF JUDGMENT IN WP(C).NO. 21113/2014. EXT.P2:
TRUE COPY OF LETTER DATED 18/02/2014 ISSUED BY THE 1ST RESPONDENT.
EXT.P3:
TRUE COPY OF THE PANEL SUBMITTED BY PETITIONERS DATED 16/12/2014.
EXT.P4:
TRUE COPY OF LETTER FROM PETITIONERS DATED 20/12/2014 TO 1ST RESPONDENT.
EXT.P5:
TRUE COPY OF LETTER DATED 20/12/2014 ISSUED BY PETITIONERS TO 3RD RESPONDENT.
EXT.P6:
TRUE COPY OF POSTAL RECEIPTS DATED 20/12/2014. EXT.P7:
TRUE COPY OF ACKNOWLEDGMENT CARD.
EXT.P8:
TRUE COPY OF PETITION OP NO. 9/2015 FILED BY PETITIONERS BEFORE 3RD RESPONDENT.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY// P.S. TO JUDGE rs.
P.R. RAMACHANDRA MENON, J.
.............................................................................. W.P.(C)No.10895 OF 2015 ......................................................................... Dated this the 7th day of April, 2015
J U D G M E N T
The petitioners have approached this Court with the following prayers:
"(i) Issue a writ of mandamus or other appropriate writ, order or direction to declare that the panel submitted by the petitioners dated 16.12.2014 is the final and proper panel and further be directed that the persons mentioned are duly elected office bearers of the 2nd Respondent committee for the period 2014-2017; and (ii) Issue a writ of mandamus or other appropriate writ or orders commanding the 3rd Respondent to pass appropriate orders in Exhibit P8 petition filed as O.P. No.9/2015."
2. Heard the learned counsel appearing for the petitioners as well as the learned Standing Counsel appearing for the 3rd respondent.
3. The learned counsel for the petitioners submits that the grievance of the petitioners has already been projected by way of
W.P.(C) No.10895 of 2015 Ext.P8 and the only direction sought for is to consider and dispose of it by the 3rd respondent.
4. In such circumstances, this Court does not find it necessary to issue notice to the respondents 1 and 2, nor to go into the merits of the case.
5. The writ petition is disposed of directing the 3rd respondent to consider and pass appropriate orders on Ext.P8 in accordance with law, and after hearing all the interested parties including the petitioners and respondents 1 and 2, which shall be done at the earliest, at any rate, within a period of 'four months' 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 3rd respondent, for further steps.
Sd/- P.R.RAMACHANDRA MENON JUDGE //true copy// P.S. to Judge St/-