High Court of KeralaWP(C)/14497/2015dismissed

A.P.Abbas v. State Of Kerala

2015-07-16Honourable Mr.Justice K.Vinod Chandran7 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 16TH DAY OF JULY 2015/25TH ASHADHA, 1937 WP(C).No. 14497 of 2015 (J) ---------------------------- PETITIONER :

--------------------- A.P.ABBAS S/O.RAYIN, AGED 34 YEARS, SECRETARY MASJID - UL - NOORIYA MUSLIM NAMASKARA PALLY COMMITTEE (REGN. NO.508/2010), AR NAGAR, P.O.THIRURANGADI, MALAPPURAM DISTRICT.

BY ADVS.SRI.T.V.GEORGE SRI.JIMMY GEORGE (THADATHIL) RESPONDENTS :

-------------------------

1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO REGISTRATION DEPARTMENT GOVT. SECRETARIAT, THIRUVANANTHAPURAM.

2. INSPECTOR GENERAL OFFICE OF THE INSPECTOR GENERAL REGISTRAR THIRUVANANTHAPURAM.

3. DISTRICT REGISTRAR (GENERAL) OFFICE OF THE REGISTRAR OF SOCIETIES, MALAPPURAM PIN - 676 505.

4. ABOOBAKKER MOOZHIKKAL MOOZHIKKAL HOUSE, A.R.NAGAR, TIRURANGADI MALAPPURAM, PIN - 679 324.

R1 TO R3 BY GOVT. PLEADER SRI. MANOJ P. KUNJACHAN R4 BY ADV. SRI.R.RAMADAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/-

WP(C).No. 14497 of 2015 (J) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT P1.

TRUE COPY OF THE REGISTRATION CERTIFICATE OF SOCIETY NO:508/10.

EXHIBIT P2.

TRUE COPY OF MEMORANDUM OF ASSOCIATION OF THE PETITIONER COMMITTEE.

EXHIBIT P3.

TRUE COPY OF THE BYE LAWS OF THE PETITIONER SOCIETY. EXHIBIT P4.

TRUE COPY OF ORDER DATED 21.01.2015 OF THE 3RD RESPONDENT. EXHIBIT P5.

TRUE COPY OF THE APPLICATION BEFORE THE 3RD RESPONDENT. EXHIBIT P6.

TRUE COPY OF THE ORDER DATED 25.03.2015 CANCELLING THE RECOGNITION.

RESPONDENT(S)' EXHIBITS :

------------------------------------------- EXHIBIT R4(a) COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 5.7.2011.

EXHIBIT R4(b) COPY OF THE DECREE DATED 29.6.2015 IN OS NO. 44/2012, WAKF TRIBUNAL, KOZHIKODE.

EXHIBIT R4(c) COPY OF THE JUDGMENT DATED 29.6.2015 IN OS NO. 44/2012, WAKF TRIBUNAL, KOZHIKODE.

//TRUE COPY// P.S. TO JUDGE Mn

K. Vinod Chandran, J -------------------------------------- W.P.(C).No.14497 of 2015-J -------------------------------------- Dated this the 16th day of July, 2015

JUDGMENT

The petitioner is aggrieved by Exhibit P6 order, which, the petitioner submits, is passed without hearing the petitioner. Primarily the question of violation of principles of natural justice is raised and it is submitted that the petitioner may be heard again and orders passed.

2. The controversy in the writ petition is with respect to the cancellation of Exhibit P4 order by Exhibit P6 order passed by the District Registrar. Exhibit P4 is an order passed accepting the list of Managing Committee members of the petitioner society, registered as 508/2010 for the years 2011-12 to 2014-15. Exhibit P4 also indicates that, by the second cited communication in Exhibit P4 the President, of the Society having registration No.508 of 2010, filed a declaration that the Society having registration No.262 of

- 2 - 1987, viz., Masjidul Nooriya Nusrathul Islam Society, is not connected with the Society having registration No.508 of 2010. It was in such circumstance that the said list of members of Managing Committee were accepted. The same stood cancelled by Exhibit P6.

3. The 4th respondent, who is the Secretary of the other Society having registration No.262 of 1987, has filed a detailed counter affidavit and relies on Exhibit R4(a) passed as early as on 05.07.2011, to contend that the petitioner had moved an application before a new incumbent, in the office of the District Registrar and obtained Exhibit P4 by fraud. The officer having been apprised of the order passed earlier by the earlier incumbent, has cancelled the same and there is no question of violation of principles of natural justice, is the argument.

4. The learned Government Pleader, based on the counter affidavit filed by the officer himself, submits specifically that Exhibit P4 order was obtained only on the petitioner having misled the District Registrar.

- 3 -

5. Admittedly there are disputes pending between the two societies and there are also said to be writ petitions pending in this Court. Exhibit R4(a) was an order passed by the District Registrar, which is also said to be pending consideration in W.P.(C). No.22721 of 2011, in which there is no stay order. The dispute between the petitioner and the 4th respondent was with respect to the wakf property, a mosque. The petitioner-Society is a rival society claiming to be conducting the affairs of the mosque. The 4th respondent-Society was registered in the year 1987 and had been continuing as such. The petitioner was the Vice-President of the Society; who, along with some other members, formed a new society and registered it as 508 of 2010. Both claimed control over the affairs of the wakf, the mosque.

A suit was filed by the petitioner-society for perpetual injunction restraining the 4th respondent-Society (Regn.No.262 of 1987) from interfering with the peaceful management of the mosque, Masjidul Nuriya Muslim Namaskara Palli and the properties. But, the same was dismissed for default, for reason of the plaintiff having not appeared.

- 4 -

6. Exhibit R4(a) considered the rival disputes of the two Societies. In fact the Society having registration No.508 of 2010 specifically raised an objection that the other society was not functioning and they have been carrying on the affairs of the mosque. Exhibit R4(a) specifically found so:

ÉøÞÄßAÞøÈÞÏ dÖà.μáEßçMÞAV ÙÞ1⁄4ß "

dÉØßÁIÞÏß ø1⁄4ßØíxV æoÏñá dÉÕVJßoîá ÕøáK മസദല ÈáøßÏ ÎáØïà¢ ÈÎØíAÞøÉUß ((Reg.No.508/2010) 262/87 ÈOùÞÏß ø1⁄4ßØíxV æoÏîæMG ÎØí1⁄4ßÆá ÈáøßÏ ÈádØíJáW §ØïÞ¢ Ø¢ ̧Jßæa ÍÞ·ÎÞæÃçKÞ ¿ß Ø¢ ̧¢ Éßøßoîá ÕßGçÖ×¢ ¦ÏÄßÈá ÉμøÎÞÏß ø1⁄4ßØíxV æoÏñÄÞæÃçKÞ ÈßÏÎÕÜßÏßçÜÞ Îxí çø¶μ{ßçÜÞ çø¶æM¿áJßÏßGáUÄÞÏß μÞÃáKßÜï.å508/2010_Þ¢ ÈOV Ø¢ ̧¢ ø1⁄4ßØíxV æoÏîáKÄßÈÞÏß ØÎVMßoî ¥çÉfÏßW §çÄ ©çgÖcÜfcBç{Þæ¿ §Äßæa dÉÕVJÈ ÉøßÇßÏßW çÕæù 2øá Ø¢ ̧¢ ø1⁄4ßØíxV æoÏñá dÉÕVJßAáKßÜï ®Kí æÄxÞÏß ØÄcçÌÞÇcæM¿áJßÏÄÞÏß μÞÃáKá."

Hence, it was found that the Society having registration No.262 of 1987 is in office and is also conducting the affairs of the wakf, the mosque. The list of Managing Committee members of the society, having registration No.262 of 1987 found to be in office of the mosque for the years 1987-88 to 2009-10, was accepted. In such circumstance, there was no warrant for Exhibit P4 order to be passed. Though

- 5 - Exhibit P6 has been passed without notice to the petitioner, a re-consideration would be a useless formality, insofar as Exhibit R4(a) would govern the issue as of now and the challenge against it is said to be pending in a writ petition. The writ petition would stand dismissed. No costs. Sd/- K.Vinod Chandran Judge.

vku/- [ true copy ]