Kerala High Court
M.S.Abdulla Shahul Hameed vs State Of Kerala on 28 June, 2012
Author: Thottathil B.Radhakrishnan
Bench: Thottathil B.Radhakrishnan, K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN
&
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
THURSDAY, THE 28TH DAY OF JUNE 2012/7TH ASHADHA 1934
OP (WAKF).No. 1845 of 2012 (R)
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IA.NO.146/2012 IN WOS.10/2012 of WAKF TRIBUNAL, KOLLAM
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PETITIONERS:
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1. M.S.ABDULLA SHAHUL HAMEED, AGED 67 YEARS
S/O.SHAHUL HAMEED MEPURATH VEEDU
PETTA, VETTUPRAM MURI, KOZHANCHERRY ,
PATHANAMTHITTA PO PIN 689645
2. SULAIMAN P, S/O.PILLAKHANI, THYKAVU,
HOUSE NO.7 PATHANAMTHITTA P.O PIN 689645
BY ADVS.SRI.P.A.ABDUL JABBAR
SRI.ABDUL LATHIEF.H.
RESPONDENTS:
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1. STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY ,
SECRETARIAT, THIRUVANANTHAPURAM PIN 695, 001
2. PATHANAMTHITTA MUSLIM JAMA-ATH
REG.NO.7893/RA, REPRESENTED BY PRESIDENT SHAJAHAN
PATHANAMTHITTA VILLAGE, PATHANAMTHITTA P.O PIN 689645
3. SHAJAHAN, AGED 44 YEARS, PRESIDENT
S/O. SHAHUL HAMEED, KOTTAMTHODU KIZHKETHIL
VETTIPRAM , PATHANAMTHITTA P.O PIN 689645
4. ABDUL NAJEEB, AGED 47 YEARS,
VICE PRESIDENT , S/O.ALIYAR LABBA,
PETTA ALLI MANZIL, PATHANAMTHITTA VILLAGE
PATHANAMTHITTA DISTRICT PIN 689645
5. NAJEEB, AGED 51 YEARS, SECRETARY S/O.NAGOORMEERA
VETTIPRAM KAMILA BUILDING, PATHANAMTHITTA VILLAGE
PATHANAMTHITTA DISTRICT PIN 689645
VK
OP (WAKF).No. 1845 of 2012 (R)
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6. MUHAMMED IBRAHIM, AGED 51 YEARS,
S/O.MEERA SAHIB, PETTA PUTHAN VEETTIL,
PATHANAMTHITTA VILLAGE,
PATHANAMTHITTA DISTRICT PIN 689645
7. MEERANNAM MEERA,S/O.CHINNAPPA, PETTA PUTHUPARAMBIL
PATHANAMTHITTA VILLAGE, PATHANAMTHITTA DISTRICT PIN 689645
8. MEERA MUHAMMED MUSTHAFA, AGED 64 YEARS
TREASURE , S/O.MEERA RAWTHER, PETTA MELE VEETIL,
PATHANAMTHITTA VILLAGE, PATHANAMTHITTA DISTRICT PIN 689645
9. MUHAMMED ALI, AGED 61 YEARS,
S/O.MUHAMMED RAWTHER, PETTA SHAMIN MANZIL,
PATHANAMTHITTA VILLAGE ,PATHANAMTHITTA DISTRICT PIN 689645
10. LATHEEF, AGED 42 YEARS,
S/O.CHENNAMEERAN, VETTIPURAM ,
PUTHAN VEETIL PATHANAMTHITTA VILLAGE
PATHANAMTHITTA DISTRICT PIN 689645
11. MUHAMMED SHERIFF, AGED 44 YEARS
S/O.ABDUL KAREEM, VETTIPRAM,
THEKKEAVEETTIL, PATHANAMTHITTA VILLAGE
PATHANAMTHITTA DISTRICT PIN 689645
12. SALIM, AGED 41 YEARS
S/O.ABDUL AZEEZ , PETTA PUTHAN VEETTIL,
PATHANAMTHITTA VILLAGE, PATHANAMTHITTA DISTRICT PIN 689645
13. MUHAMMED HANEEFA, AGED 65 YEARS
S/O.APPA RAWTHER, THEKKUPURATH,
PATHANAMTHITTA VILLAGE ,
PATHANAMTHITTA DISTRICT PIN 689645
14. BISMILLAKHAN, AGED 49 YEARS
S/O.NAGOORMEERA, KANNANKARAVILAKAM PURAYIDATHIL
PATHANAMTHITTA VILLAGE, PATHANAMTHITTA DISTRICT PIN 689645
15. ABDUL SALAM, AGED 60 YEARS
S/O.MEERA SAHIB, PUTHENVEEDU SALAM STORES ,
PATHANAMTHITTA VILLAGE, PATHANAMTHITTA DISTRICT PIN 689645
16. N.M.SHAJAHAN, AGED 58 YEARS
S/O.NAGOORMEERA, PETTA NAGOOR MANZIL
PATHANAMTHITTA VILLAGE, PATHANAMTHITTA DISTRICT PIN 689645
17. S.M.KHATHIRI,S/O.MEERA SAHIB,
PETTA THEEKKAVIL. PATHANAMTHITTA VILLAGE
PATHANAMTHITTA DISTRICT PIN 689645
VK
OP (WAKF).No. 1845 of 2012 (R)
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18. AFSAL, AGED 44 YEARS, S/O.SHAGHUL, BORMAYIL,
PATHANAMTHITTA VILLAGE , PATHANAMTHITTA DISTRICT PIN 689645
19. MEERANNANMEERA, AGED 67 YEARS, S/O. MUHAMMED ISMAIL,
VETTIPURAM MINI COTTAGE, PATHANAMTHITTA VILLAGE
PATHANAMTHITTA DISTRICT PIN 689 645
20. MUHAMMED SHAHI, AGED 36 YEARS, S/O.SALLVUDHEEN
NEAR VETTIPURAM MUSLIM SCHOOL, HAFAZANNA MANZIL
PATHANAMTHITTA VILLAGE, PATHANAMTHITTA DISTRICT PIN 689645
21. YUSUF, AGED 41 YEARS, S/O.HASSANBAVA, PETTA PICHAYATH
PATHANAMTHITTA VILLAGE, PATHANAMTHITTA DISTRICT PIN 689645
22. ABDUL SALAM, AGED 45 YEARS, S/O.MUHAMMEDALI,
CHITOOR KAKKARATH, PATHANAMTHITTA VILLAGE
PATHANAMTHITTA DISTRICT PIN 689645
23. ABDUL RAUF, AGED 45 YEARS, S/O.MUHAMMED,
PETTA THAZNI MANZIL, PATHANAMTHITTA VILLAGE
PATHANAMTHITTA DISTRICT PIN 689645
24. ISMAIL, AGED 47 YEARS, S/O.MIHAYAL,
NANNUVAKKAD KAITHAMOOTTIL, PATHANAMTHITTA VILLAGE
PATHANAMTHITTA DISTRICT PIN 689645
25. CHIEF EXECUTIVE OFFICER, WAKF BOARD,
V.I.P ROAD, ERNAKULAM, KALOOR PIN 682017 PIN 682 017.
R1 BY GOVERNMENT PLEADER SRI.T.RAMAPRASAD UNNI
R25 BY SRI.A.A.ABUL HASSAN, SC, WAKF BOARD
THIS OP (WAKF) HAVING COME UP FOR ADMISSION ON 28-06-2012,
ALONG WITH OPWT.1931/2012 & OPWT. 1950/2012, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
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OP (WAKF).No. 1845 of 2012 (R)
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APPENDIX
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PETITIONER'S EXHIBIT : COPY OF I.A. N.146/2012 IN W.O.S.NO.10/2012 OF
THE WAKF TRIBUNAL, KOLLAM.
RESPONDENT'S EXHIBIT : NIL
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/ TRUE COPY /
P.A. TO JUDGE
VK
THOTTATHIL B.RADHAKRISHNAN
&
K.VINOD CHANDRAN, JJ.
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O.P(WT).Nos.1845, 1931 & 1950 of 2012
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Dated this the 28th day of June, 2012
JUDGMENT
Thottathil B.Radhakrishnan,J.
C.R.
1.These original petitions are filed invoking Article 227 of the Constitution of India in the wake of the fact that following the general transfers of judicial officers in the subordinate judiciary for the year 2012, Wakf Tribunal, Kollam lies vacant without a regular officer and the District Judge, Kollam is ordered to hold full additional charge of the Wakf Tribunal/Additional District Judge III, Kollam until further orders. There appears to be some apprehension as to whether a further notification of the State Government under Section 83 of the Wakf Act, 1995 is necessary for the officer so put in charge, to discharge the functions of the Wakf Tribunal.
2.Section 3(q) of the Wakf Act defines 'Tribunal' to mean the Tribunal constituted under sub-section (1) of Section 83. OPWT.1845/12 & con. cases 2 Section 83 provides for constitution of Tribunals. Sub- section (1) of Section 83 provides that the State Government shall, by notification in the Official Gazette, constitute as many Tribunals as it may think fit, for the purposes stated therein and define the local limits and jurisdictions under the Wakf Act of each of such Tribunals. Sub-section (4) of Section 83 provides that every Tribunal shall consist of one person, who shall be member of the State Judicial Service holding a rank, not below that of a District, Sessions or Civil Judge Class I, and the appointment of every such person may be made either by name or by designation. Reading sub-sections (1) and (4) of Section 83 together, it can be seen that official notification is required only for constitution of the Tribunal and not for appointment of the person to the Tribunal. In fact, G.O(MS) No.607/98/RD dated 8.12.1998 was issued as SRO No.1055/98, constituting three Tribunals and describing the local limits of those Tribunals. They are (1) Wakf Tribunal, Kollam, (2) Wakf Tribunal, Ernakulam and (3) Wakf Tribunal, Kozhikode. Once those Tribunals OPWT.1845/12 & con. cases 3 have come into being in terms of that notification, all that happens is that the judicial officer of the rank of a District, Sessions or Civil Judge Class I in the State Judicial Service, who is posted to the Tribunal will be the person appointed for that Tribunal. The Tribunal is the office of the judicial officer posted there as the person who will carry out the duties and functions of the Tribunal. Since appointment can be made either by name or by designation, it is not necessary for any particular judicial officer to be further clothed with any notified power to act as the Tribunal. No fresh notification is necessary following every transfer order of judicial officers.
3.In the aforesaid conspectus, it is hereby declared that following general transfers or other transfer orders of judicial officers in the Subordinate Judiciary from time to time, the person manning any Wakf Tribunal, on transfer, will hand over charge as may be ordered by the High Court in its proceedings on the administrative side and such OPWT.1845/12 & con. cases 4 handing over charge of the Wakf Tribunal is sufficient to clothe the person in charge to discharge all functions and powers in terms of the Wakf Act, 1995.
4.In the result, these original petitions are ordered directing that the officer in charge of the Wakf Tribunal, Kollam (District Judge, Kollam) who is holding the additional charge of the Wakf Tribunal, Kollam as of now, shall hear matters and pass such orders as may be called for in terms of the Wakf Act, following the charge arrangement ordered by the High Court of Kerala as per order No.B1-57/2012 dated 18.4.2012. The principle laid aforesaid will be followed in relation to the Wakf Tribunals from time to time, following transfers and postings. As regards OP(WT).1950/12, it is clarified that the parties can move the officer-in-charge of the Wakf Tribunal for variation of an interim order passed by this Court in connection with an election. Any application pending in the other matters presented before the officer-in- OPWT.1845/12 & con. cases 5 charge of the Wakf Tribunal, Kollam would also be considered in terms of what is stated above. This order will gain the attention of the Registry also.
Sd/-
THOTTATHIL B.RADHAKRISHNAN Judge.
Sd/-
K.VINOD CHANDRAN Judge.
kkb.28/6.