High Court of KeralaWP(C)/30518/2015disposed of

T M Aliyar v. The Tahsildar, Muvattupuzha

2015-10-08Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 8TH DAY OF OCTOBER 2015/16TH ASWINA, 1937 WP(C).No. 30518 of 2015 (L) ---------------------------- PETITIONER :

----------------------- T.M ALIYAR, S/O.MUHAMMED, AGED 40 YEARS, VICE PRESIDENT, PERUMATTOM MAHALLU JAMA-ATH, MUVATTUPUZHA.

BY ADVS.SRI.P.K.MOHAMMED PUZHAKKARA SRI.P.M.AFSAL MOHAMED RESPONDENT(S):

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

1. THE TAHSILDAR, MUVATTUPUZHA TALUK, MUVATTUPUZHA, PIN-686 661.

2. THE VILLAGE OFFICER, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA -686 661.

3. THE KERALA STATE WAKF BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, V.I.P. ROAD, KALOOR, KOCHI -682 017.

R1 & R2 BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR R3 BY SRI.K.SHIBILI NAHA, SC, KERALA STATE WAKF BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 30518 of 2015 (L) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1TRUE COPY OF THE LAND TAX RECEIPT NO.4674 754 DATED 29.6.2015 ISSUED BY THE VILLAGE OFFICER, VELLOORKUNNAM. P2THE PHOTCOPY OF THE ENCUMBRANCE CERTIFICATE NO. EC PREVIEW DATED 24.10.2013 P3THE PHOTOCOPY OF THE WAKF DEED NO.3257/1119 (ME) P4TRUE COPY OF THE APPLICATION SUBMITTED BY THE GENERAL SECRETARY PERUMATTOM - MAHALLU JAMA-ATH ON 10.12.2014 BEFORE THE 3RD RESPONDENT P5TRUE COPY OF THE LETTER DATED 23.3.2015 NO.E4 5239/2014 TO THE TAHSIILDAR, MUVATTUPUZHA TALUK, MUVATTUPUZHA BY THE CHIEF EXECUTIVE OFFICER, KERALA STATE WAKF BOARD SUBMITTED. P6- TRUE COPY OF THE AD CARD DATED 6.4.2015 RECEIVED BY THE TAHSILDAR, MUVATTUPUZHA P7TRUE COPY OF THE LETTER DATED 10.8.2015 OF THE SECRETARY OF PERUMATTOM MAHALLU JAMA-ATH RESPONDENT(S)' EXHIBITS:

NIL ----------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts

A. MUHAMED MUSTAQUE, J ------------------------------------------------------- W.P.(C).No. 30518 of 2015 ------------------------------------------------------- Dated this the 08th day of October, 2015

JUDGMENT

The petitioner approached WAKF Board alleging that the WAKF property having an extent of 30 cents of the land comprised in Survey No.879/9B2, 879/9B3, 879/9B4, 879/9B5, in Velloorkunnam Village is not in possession of WAKF and to take appropriate action to recover the WAKF property.

2. The Chief Executive Officer of WAKF Board by Ext.P5 communication directed the Tahsildar to identify the WAKF property and report the matter to the WAKF Board. The communication was issued on 23/03/2015. The petitioner submits that no action has been taken by the Tahsildar pursuant to Ext.P5. Accordingly, the petitioner has approached this Court.

3. This Court is of the view that Tahsildar shall

W.P.(C).No. 30518 of 2015 -2complete the enquiry based on Ext.P5 within a period of two months from the date of receipt of a copy of this judgment and report the matter to the WAKF Board without any further delay.

The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE, JUDGE bpr