High Court of KeralaWP(C)/35504/2014disposed of

Shylock P.V v. Chief Executive Officer,Kerala State Wakf Board

2015-01-07Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 7TH DAY OF JANUARY 2015/17TH POUSHA, 1936 WP(C).No. 35504 of 2014 (K) ---------------------------- PETITIONER(S):

-------------- SHYLOCK P.V., S/O.ABDUREHIMAN KHADIYARATH KAKKATHARAYIL HOUSE, VELIYAMCODE, MALAPPURAM DISTRICT.

BY ADV. SRI.K.I.SAGEER RESPONDENT(S):

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

1. CHIEF EXECUTIVE OFFICER, KERALA STATE WAKF BOARD, VIP ROAD, KALOOR, KOCHI-682 017.

2. M.K. ABDUL JALEEL, RETURNING OFFICER CUM EXECUTIVE OFFICER, VELIYANKODE JUMA-ATH PALLI & UMMERKHASI JARAM, P.O.VELIYANCODE, MALAPPURAM DISTRICT- 679 579. BY SRI.K.SHIBILI NAHA, SC, KERALA STATE WAKF BOARD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rvs.

WP(C).No. 35504 of 2014 (K) APPENDIX PETITIONER(S)' EXHIBITS :

----------------------- EXT.P1 - A TRUE COPY OF THE ORDER NO.E6-2299/14/MLP DT.16-10-2014 ISSUED BY THE 1ST RESPONDENT.

EXT.P2 - A TRUE COPY OF THE ORDER NO.E6-2299/14/MLP DT.24-10-2014 ISSUED BY THE 1ST RESPONDENT.

EXT.P3 - A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DT.26-11-2014.

EXT.P4 - A TRUE COPY OF THE COMMUNICATION DT.10-12-2014 ISSUED BY THE 2ND RESPONDENT.

EXT.P5 - A TRUE COPY OF THE RELEVANT EXTRACT OF THE DRAFT VOTERS LIST OF ANGADI BHAGOM OF VELIYANKODE JUMA-ATH PALLI. EXT.P6 - A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DT. 22-12-2014. RESPONDENT(S)' EXHIBITS :

----------------------- NIL.

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

P.R. RAMACHANDRA MENON, J.

.............................................................................. W.P.(C)No. 35504 OF 2014 ......................................................................... Dated this the 7th January, 2015

J U D G M E N T

Being aggrieved of Ext.P5 voters' list published by the second respondent /Returning Officer cum Executive Officer, wherein the name of the petitioner has been omitted to be included, the petitioner has also moved the first respondent/Chief Executive Officer, Kerala State Wakf Board by filing Ext.P6 dated 22.12.2014. The learned Counsel for the petitioner submits that the petitioner has only exercised the statutory right available to him for redressal of his grievance. The delay on the part of the first respondent in considering the same will adversely affect the rights and interest of the petitioner . Hence the writ petition. 2.

Heard the learned Standing Counsel for the respondent/Wakf Board as well.

3. After hearing both the sides, the writ petition is disposed of directing the first respondent/ Chief Executive Officer to consider and pass appropriate orders on Ext.P6, after affording an opportunity of hearing to the petitioner and other interested parties, if any, which shall be done at the earliest, at any rate, within one month from the date of receipt of a copy of the

W.P.(C)No. 35504 OF 2014 judgment . The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the first respondent for further steps.

P.R.RAMACHANDRA MENON JUDGE lk