Viyyathul Islam Dars Madrassa v. The Secretar To Government

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 25TH DAY OF MAY 2015/4TH JYAISHTA, 1937 WP(C).No. 15283 of 2015 (I) --------------------------------------- PETITIONER(S):

----------------------- VIYYATHUL ISLAM DARS MADRASSA & MUSLIM JAMA-ATH MOSQUE COMMITTEE, ADOOR, REPRESENTED BY ITS SECRETARY, K.V. SHAHUL HAMEED, S/O. ERMULANKUTTY, SHAS BAITH, ADOOR, KADACHIRA P.O., KANNUR - 670 621.

BY ADVS.SRI.C.ANILKUMAR (KALLESSERIL) SRI.C.Y.VINOD KUMAR RESPONDENT(S):

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

1. THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. DISTRICT COLLECTOR, KANNUR DISTRICT - 670 001.

3. KADAMBOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KANNUR - 670 663.

4. DEEPA T.K.

W/O. RAMESAN, PUTHIYAPURAYIL HOUSE, KADACHIRA P.O. ADOOR, KANNUR - 670 621.

R1 & R2 BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 15283 of 2015 (I) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1-TRUE COPY OF THE WAKF DEED DATED 27/03/1978 OF THE SRO KADACHIRA EXECUTED BY THE MOOSAKUTTY IN FAVOUR OF THE PRESIDENT OF THE PETITIONER JAMA ATH.

EXHIBIT-P2-TRUE COPY OF THE WAKF DEED DATED 03/07/1978 OF THE SRO KADACHIRA EXECUTED BY THE USMANKUTTY IN FAVOUR OF THE PRESIDENT OF THE PETITIONER JAMA ATH.

EXHIBIT-P3-TRUE COPY OF THE PARTITION DEED NO. 59 DATED 16/01/1961 OF THE SRO, KADACHIRA.

EXHIBIT-P4-TRUE COPY OF THE DOCUMENT NO. 1461 DATED 23/09/1940 OF THE SRO, KADACHIRA.

EXHIBIT-P5-TRUE COPY OF THE PROCEEDINGS NO. D2-55499/2007 DATED 19/08/2014 OFTHE DISTRICT COLLECTOR, KANNUR.

EXHIBIT-P6-TRUE COPY OF THE JUDGMENT DATED 27/06/2007 IN W.P(C) 3528/2005. EXHIBIT-P7-TRUE COPY OF THE PROCEEDINGS DATED 17/10/2007 OF THE 2ND RESPONDENT.

EXHIBIT-P8-TRUE COPY OF THE JUDGMENT DATED 07/01/2014 IN W.P(C) 34478/2007. EXHIBIT-P9-TRUE COPY OF THE AFFIDAVIT DATED 23/08/2007 SWORN BY MR. ERAMU, RESIDING IN KADAMBOOR VILLAGE.

EXHIBT-P10-TRUE COPY OF THE AFFIDAVIT DATED 23/08/2007 SWORN BY K.P. MARIYAM, RESIDING IN KADAMBOOR VILLAGE.

EXHIBIT-P11-TRUE COPY OF THE AFFIDAVIT DATED 24/08/2007 SWORN BY APPOOTTY, S/O. SANKARAN, RESIDING IN KADAMBOOR VILLAGE. EXHIBIT-P12-TRUE COPY OF THE AFFIDAVIT DATED 24/08/2007 SWORN BY RAGHAVAN, S/O. GOPALAN, RESIDING IN KADAMBOOR VILLAGE. EXHIBIT-P13-TRUE COPY OF THE JUDGMENT IN W.A 369/2014 DATED 03/04/2014. EXHIBIT-P14-TRUE COPY OF THE CERTIFICATE DATED 02/01/2013 ISSUED BY THE PRESIDENT KADAMBOOR GRAMA PANCHAYATH.

EXHIBIT-P15-TRUE COPY OF THE REPORT DATED 12/07/2004 SUBMITTED BY THE SECRETARY, KADAMBOOR GRAMA PANCHAYATH, BEFORE THE DISTRICT COLLECTOR, KANNUR.

EXHIBIT-P16-TRUE COPY OF THE LOCATION MAP ISSUED FROM KADAMBOOR VILLAGE OFFICE.

EXHIBIT-P17-TRUE COPY OF THE APPEAL MEMORANDUM DATED 15/09/2014 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. RESPONDENT(S)' EXHIBITS:

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

K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 15283 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of May, 2015

J U D G M E N T

The petitioner has filed statutory appeal before the 1st respondent on 15.09.2014 indicated at Ext.P17. The 1st respondent shall consider the pendency of the appeals pending before it and take up the matter expeditiously, at any rate within a period of three months.

It is made clear that the appeal shall be heard only after hearing all the effected parties and after issuing notice to the petitioner and all the effected parties. The time for disposal shall start from the date on which such notice is received by the affected parties.

Writ petition is disposed of.

Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge