High Court of KeralaWP(C)/15831/2015disposed of

Paravur Muslim Jama-Ath v. Kerala State Wakf Board

2015-06-05Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 5TH DAY OF JUNE 2015/15TH JYAISHTA, 1937 WP(C).No. 15831 of 2015 (D) ---------------------------- PETITIONER:

-------------------------- PARAVUR MUSLIM JAMA-ATH AGED 70 YEARS THEKKUMBHAGAM PO, PARAVUR, KOLLAM 691 319 REPRESENTED BY ITS SECRETARY, HAJI K.M, MOHAMED BASHIR THEKKUMBHAGAM PO, PARAVUR, KOLLAM 691 319 BY ADVS.SRI.ASHIK K.MOHAMMED ALI SMT.SAJNA T.UMMER SMT.V.RAIMA RAMESH RESPONDENT(S):

---------------------------- KERALA STATE WAKF BOARD V.I.P ROAD, KALOOR, ERNAKULAM 682 017 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER R BY SRI.K.SHIBILI NAHA, SC, KERALA STATE WAKF BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-062015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 15831 of 2015 (D) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1-THE COPY OF THE INTERIM ORDER OF THE WAKF BOARD IN OP NO.30 OF 2013 DT. 20.3.2013 EXT.P2- TRUE COPY OF THE RECEIPT ISSUED BY ADVOCATE MANACCADU BADARUDEEN KOYA IN OP NO.30 OF 2013 DT 18.7.13 EXT.P3- TRUE COPY OF THE ORDER DATED 30.12.2014 OF THE WAKF BOARD IN OP NO. EXT.P4- TRUE COPY OF THE REQUESTDATED 9.2.2015 GIVEN BY THE JAMA-ATH BEFORE THE WAKF BOARD EXT.P5-TRUE COPY OF THE ACKNOWLEDGMENT CARD ISSUED BY THE WAKF BOARD EXT.P6- TRUE COPY OF THE INTERIM ORDER DATED 16.2.2015 OF THE HONOURABLE WAKF TRIBUNAL, KOLLAM IN OS NO. 8 OF 2015 EXT.P7- TRUE COPY OF THE INTERIM ORDER DATED 3.3.2015 OF THE HONOURABLE WAKF TRIBUNAL KOLLAM IN OS NO.9 OF 2015 RESPONDENT(S)' EXHIBITS: NIL --------------------------------------- TRUE COPY P.A TO JUDGE jma

K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 15831 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 05th day of June, 2015

J U D G M E N T

The petitioner is a Waqf, the term of the committee of which expired long back. The Committee whose term has expired is continuing, since no election is conducted and no audit also has been conducted, which is the responsibility of the respondent Board. Ext.P1 indicates that as early as in 2013, the Waqf Board had passed an order wherein an auditor was appointed to audit the accounts for the period 2007-08 to 2011-12 and the auditor was also directed to file a report within six months from that date. The petitioner's grievance is insofar as the auditor having not conducted any audit.

2. Definitely, it is the responsibility of the Waqf Board to conduct audit and also conduct the election. The learned Standing Counsel appearing for the Waqf Board submits that the

WPC.No15831/2015 : 2 :

same shall be done expeditiously. Whether the elections have to be held up, till the audit is over or not is a question, which will have to be decided by the Waqf Board. In any event, the election shall be conducted within a period of three months from today, if there is no other legal impediment.

Writ petition is disposed of.

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