High Court of KeralaWP(C)/17604/2015disposed of

Muhammed Kutty Haji v. The District Collector, Malappuram Dist.

2015-06-12Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 12TH DAY OF JUNE 2015/22ND JYAISHTA, 1937 WP(C).No. 17604 of 2015 (A) ---------------------------- PETITIONER(S):

-------------------------- MUHAMMED KUTTY HAJI, MUTHAWALLI, 2005/RA, MAYYERI NORTH NISKARA PALLI, PARAVANNOOR, KALPAKANCHERY P.O., TIRUR, MALAPPURAM DISTRICT.

BY ADVS.SRI.BECHU KURIAN THOMAS, SRI.S.SREEDEV.

RESPONDENT(S):

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

1. THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM DISTRICT-676 001.

2. THE DIVISIONAL OFFICER, DIVISIONAL OFFICE, KERALA WAKF BOARD, MANJERI, MALAPPURAM DISTRICT-676 001.

3. KERALA WAKF BOARD, KALOOR, ERNAKULAM-36, REPRESENTED BY ITS CHAIRMAN.

4. TAHSILDHAR (REVENUE RECOVERY), TALUK OFFICE, TIRUR, MALAPPURAM DISTRICT-676 001. R1 & R4 BY GOVT. PLEADER SMT.M.T. SHEEBA.

R2 & R3 BY ADV. SRI.K.SHIBILI NAHA.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 17604 of 2015 (A) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT-P1: A TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 15.01.2015 ISSUED BY THE 4TH RESPONDENT. EXHIBIT-P2: TRUE COPY OF THE MEMORANDUM OF APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT-P2(A):TRUE COPY OF STAY PETITION FILED BY THE PETITIONER IN THE APPEAL FILED BEFORE THE 3RD RESPONDENT.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

A.MUHAMED MUSTAQUE, J.

------------------------------------ W.P.(C) No.17604 of 2015 ----------------------------------- Dated this the 12th day of June, 2015

J U D G M E N T

The petitioner as against the assessment order issued by the 2nd respondent preferred an appeal before the 3rd respondent under Section 72(7) of the Wakf Act, 1955. The petitioner approached this Court aggrieved by Ext.P1 revenue recovery proceedings issued by the 2nd respondent to recover the amount demanded under assessment.

2. Heard the learned counsel for the petitioner as well as the learned Government Pleader.

Considering the facts and circumstances of the case, this writ petition is disposed of directing the Board to dispose of the appeal within a period of four months from the date of receipt of a copy of this judgment. Till disposal of the appeal, all coercive proceedings against the petitioner based on or pursuant to the assessment shall be deferred.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.