Kerala High Court
Kerala State Wakf Board vs M.M.Abdul Rahman on 17 January, 2020
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 17TH DAY OF JANUARY 2020 / 27TH POUSHA, 1941
WP(C).No.26241 OF 2010(E)
SUO MOTO PROCEEDINGS NO.45/1995 OF LAND TRIBUNAL, ERNAKULAM
PETITIONER/S:
KERALA STATE WAKF BOARD
V.I.P.ROAD, KALOOR, KOCHI-682 017,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
BY ADVS.
SRI.A.A.ABUL HASSAN, SC, WAKF BOARD
SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD
RESPONDENT/S:
1 M.M.ABDUL RAHMAN,
AGE AND FATHER'S NAME NOT KNOWN, MULAKKAMPILLIL,
ALFIA NAGAR, KALAMASSERY, PIN-683 104.
2 PADAMUGAL MUSLIM JAMA-ATH COMMITTEE,
PADAMUGAL, KAKKANADU, KOCHI-682 021,
REPRESENTED BY ITS SECRETARY.
3 LAND TRIBUNAL,
ERNAKULAM, MINI CIVIL STATION,
TRIPUNITHURA, PIN-682 301.
*ADDL.R4 M.K.MARAKKAR,
IMPLEADED AGED 70 YEARS,
S/O.KHADER,
MULAKKAMPILLIL HOUSE,
VAZHAKKAL, ERNAKULAM.
ADDL.R4 IS IMPLEADED AS PER ORDER DT.30.9.2010 IN
I.A.13357/10.
R1 BY ADVS. SRI.BABU KARUKAPADATH
SRI.JAGAN GEORGE
SRI.KANDAMPULLY RAHUL
SRI.K.A.NOUSHAD
WP(C).No.26241 OF 2010(E)
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SRI.P.G.PRAMOD
SRI.A.P.SUBHASH
SMT.M.A.VAHEEDA BABU
OTHER PRESENT:
RASHMI K.M-GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
17.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.26241 OF 2010(E)
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JUDGMENT
This writ petition is filed seeking directions to the third respondent to number Exts.P2 and P3 applications, hear the parties and pass appropriate orders on merits in accordance with law. It is submitted by the learned counsel appearing for the additional 4th respondent that subject to the contentions as to maintainability to be raised by the 4 th respondent, the prayer sought for in the writ petition can be allowed.
In the above view of the matter, this writ petition is disposed of directing the third respondent to number Exts.P2 and P3 applications, hear the parties and to pass appropriate orders. The question of maintainability will be considered by the third respondent in accordance with law. The 4 th respondent shall be free to get himself impleaded in Exts.P2 and P3.
Sd/-
ANU SIVARAMAN
rkj JUDGE
WP(C).No.26241 OF 2010(E)
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 : A TRUE COPY OF THE SAID PURCHASE
CERTIFICATE NO.209/1995 DATED 5.10.1995 IN SUO MOTO PROCEEDINGS NO.45/1995 ISSUED BY THE LAND TRIBUNAL, ERNAKULAM.
EXHIBIT P2 : A TRUE COPY OF THE APPLICATION DATED 03.12.2009 SUBMITTED BEFORE THE 3RD RESPONDENT.
EXHIBIT P3 : A TRUE COPY OF THE I.A. TO CONDONE THE DELAY IN FILING EXT.P2 ALONG WITH SUPPORTING AFFIDAVIT.
EXHIBIT P4 : A TRUE COPY OF THE APPLICATION DATED 10.6.2010 FILED UNDER THE RIGHT TO INFORMATION ACT.
EXHIBIT P5 : A TRUE COPY OF THE REPLY DATED 13.7.2010 ISSUED BY THE 3RD RESPONDENT.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R4(a) : PHOTOCOPY OF THE SAID SALE DEED. EXHIBIT R4(b) : PHOTOCOPY OF PATTA CHEET. EXHIBIT R4(c) : PHOTOCOPY OF THE ASSIGNMENT DEED 1762/94 OF THRIKKAKARA SUB-REGISTRY.
EXHIBIT R4(d) : PHOTOCOPY OF THE BASIC TAX RECEIPT IN RESPECT OF THE PROPERTY DATED 22.08.2009. EXHIBIT R4(e) : NOTICE DATED 20.07.2009. EXHIBIT R4(f) : STATEMENT DATED 07.09.2009.