High Court of KeralaWP(C)/24269/2015disposed of

E.P.Attakoya Thangal v. Lakshadweep State Wakf Board

2015-08-184 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN TUESDAY, THE 18TH DAY OF AUGUST 2015/27TH SRAVANA, 1937 WP(C).No. 24269 of 2015 (G) ---------------------------- PETITIONER:

-------------------- E.P.ATTAKOYA THANGAL, AGED 72 YEARS, EAKKARAPALLY HOUSE, KAVARATTI ISLAND, MUTAWALLI OF UJRA MOSQUE AND MAKHBHARA, AMINI ISLAND, U.T. OF LAKSHADWEEP.

BY ADV. SRI.T.H.ABDUL AZEEZ RESPONDENTS:

------------------------ LAKSHADWEEP STATE WAKF BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER, KAVARATTI, U.T. OF LAKSHADWEEP-682555.

BY SRI.S.RADHAKRISHNAN,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 24269 of 2015 (G) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXHIBIT P1TRUE COPY OF THE ORDER ISSUED BY THE RESPONDENT APPOINTING THE PETITIONER AS MUTAWALLI.

EXHIBIT P2TRUE COPY OF THE W.C.NO. 2/2015 FILED BEFORE THE RESPONDENT.

RESPONDENTS' EXHIBITS:

NIL.

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

ANIL K. NARENDRAN, J.

------------------------------- W.P.(C) No.24269 of 2015 ---------------------------------------------- Dated this the 18th day of August, 2015

JUDGMENT

The petitioner is stated to be the Muthawalli of Ujra Mosque and the Makhbaras attached to it. The Mosque, Makhbaras, allied structures, tank, well and Khabarasthan are situated in Sy.No.186/16 and 186/17. Ext.P1 would show that the petitioner is the Mutawalli of the Wakf. Some portion of land in Sy.No.186/17 is not included in the Wakf Board Registry. Therefore the petitioner has filed Ext.P2 petition for the inclusion of the portions of the Wakf, left, in the registration and some other prayers.

2. The grievance of the petitioner is that Ext.P2 application is pending consideration before the respondent from 25.11.2014. Therefore, the petitioner is seeking an order directing the respondent Wakf Board to take up for consideration Ext.P2 and to pass appropriate orders thereon, as expeditiously as possible.

3. I heard the arguments of the learned counsel for the petitioner and also the learned Standing Counsel appearing for the respondent.

W.P.(C) No.24269/2015

4. Considering the fact that Ext.P2 application is still pending consideration before the respondent Board, this writ petition is disposed of directing the respondent Board to consider and pass appropriate orders on Ext.P2 application, as expeditiously as possible, at any rate, within a period of five months from the date of receipt of a certified copy of this judgment, with notice to the affected parties. It is made clear that this Court has not expressed anything on the merits of the claim made by the petitioner in Ext.P2 and it is for the respondent Board to take appropriate decision on the said application strictly in accordance with law. sd/- ANIL K. NARENDRAN, JV JUDGE