Kerala High Court
V.Kunhimoideenkutty vs Kerala State Wakf Board on 23 May, 2019
Author: A.M.Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
THURSDAY, THE 23RD DAY OF MAY 2019 / 2ND JYAISHTA, 1941
CRP(WAKF).No. 258 of 2017
AGAINST THE ORDER IN OA 68/2017 from I.A.No.39/2017 in
O.P.No.243/2016 of WAKF TRIBUNAL, KOZHIKODE DATED 12-04-2017
PETITIONERS/APPLICANTS:
1 V.KUNHIMOIDEENKUTTY
AGED 79 YEARS,S/O. AHAMMEDKUTTY, VALLANCHIRA-H MLA
ROAD, MANJERI, COLLEGE P.O,MALAPPURAM
2 MANJERI HIDAYATHUL MUSLIMEEN YATHEEMKHANA
REPRESENTED BY ITS SECRETARY, M.L.A ROAD,MANJERI,
MALAPPURAM
BY ADVS.
SRI.T.KRISHNANUNNI (SR.)
SMT.MEENA.A.
SRI.ASHWIN SATHYANATH
SRI.SAJU.S.A
SRI.VINAY MATHEW JOSEPH
SRI.VINOD RAVINDRANATH
RESPONDENTS/RESPONDENTS:
1 KERALA STATE WAKF BOARD
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,HEAD
OFFICE, ERNAKULAM, VIP ROLAD,KALOOR, COCHIN 17
2 A.MUHAMMED, AGED 74 YEARS, S/O. ALAVI HAJI
AVUNJIPURAM-H
M.L.A ROAD, MANJERI P.O, MALAPPURAM 676 121
3 O.ABDUL ALI
AGED 66 YEARS,S/O. ABDUL RAHIMAN MUSLIAR,OVUNGAL
-H,VIP ROAD, MANJUERI COLLEGE P.O, MALAPPURAM 676 121
*4 M.P ABDUL RAHIMAN KURIKKAL,
AGED 66 YEARS,S/O. ABDUL RAHIMAN MUSLIAR, OVUNGAL -H,
VIP ROAD, MANJUERI COLLEGE P.O,MALAPPURAM - 676 122.
2
C.R.P.(WAKF) No.258/2017
(DIED)
*(IT IS RECORDED THAT R4 DIED AND SINCE HE IS
ARRAYED IN THE CRP IN HIS OFFICIAL CAPACITY, AND NO
RIGHT TO SUE SURVIVES ON HIS LEGAL HEIRS, IT IS NOT
NECESSARY TO IMPLEAD THE LEGAL HEIRS OF THE
DECEASED 4TH RESPONDENT, AS PER THE ORDER DATED
17/08/2017, IN MEMO BEARING C.F. NO.2527/17.)
5 ISHAHAQ KURIKKAL
AGED 65 YEARS,S/O. MOIDEENKUTTY
KURIKKAL,EX.MLA,MANJERI, MALAPPURAM 676 121
6 N.T ABOOBAKKERAGED 60 YEARS, S/O. MOIDEENKUTTY
NOTTILTHODI -H
AZHIPPILAKKAL , P.O MANJERI COLLEGE,MANJERI,
MALAPPURAM 676 122
7 V.M ABOOBAKKER
AGED 67 YEARS,S/O. MUHAMMED MASTEER, MLA ROAD,P.O
MANJERI COLLEGE, MANJERI,MALAPPURAM 676 122
8 P.T UMMEER HAJIAGED 69 YEARS, S/O. ALIKKOYA
PATTIYAYAMTHODI H
THANNIPPARA, MANJEERI COLLEGE P.O, MALAPPURAM 676
122
9 MUHAMMED ABDUL SHUKKOOR K
AGED 50 YEARS, S/O. MUHAMMED MOULAVI,KAPPAKKUNNAM-
H, THURAKKAL, MANJERI COLLEGE P.O, MANJEERI,
MALAPPURAM 676 122
10 K.P ABDUL BASHEER
AGED 59 YEARS,S/O. ABDULLA UNNI
HAJI,KALKLAMPARAMBAN H,MANJERI COLLEGE P.O,
MANJERI,MALAPPURAM 676 122
11 N.T ABDUL HAKEEM HAJI
AGED NOT KNOWN, S/O. ABDULLA HAJI, NOTTITHODI,ALPAM
KUNNU, CALICUT ROAD, MANJERI,MALAPPURAM 676 121
BY ADVS.
SRI.T.P.SAJID, SC, KERALA STATE WAQF BOARD
SMT.KAVERY S THAMPI
SRI.K.M.SATHYANATHA MENON
THIS CRP (WAKF ACT) HAVING BEEN FINALLY HEARD ON 23.05.2019, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
3
C.R.P.(WAKF) No.258/2017
ORDER
SHAFFIQUE, J This revision petition was filed by the petitioners challenging an order passed by the Kerala State Wakf Board in I.A.No.39/2017 in O.P.No.243/2016 by which the appointment of Mutawalli has been confirmed by the Wakf Board. Mutawalli was appointed by the Wakf Board since election to new committee has not been held. It is submitted that election has already been held and results published. Under such circumstances, there is no reason to proceed with the present revision as it has virtually become infructuous. It is made clear that the interim order passed by this Court on 21.11.2017 in I.A.No.1235/2017 shall stand vacated on account of the fact that a new committee has already been elected.
The revision is hence dismissed as infructuous.
Sd/-
A.M.SHAFFIQUE JUDGE Sd/-
N.ANIL KUMAR
kp True copy JUDGE
P.A. To Judge.