Kerala High Court
P.M.Syed Abdul Rahman Jiffri vs The Revenue Divisional Officer on 12 April, 1999
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
TUESDAY, THE 30TH DAY OF OCTOBER 2012/8TH KARTHIKA 1934
WP(C).No. 27165 of 2007 (H)
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PETITIONER(S):
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P.M.SYED ABDUL RAHMAN JIFFRI,
S/O.LATE SYED ALAVI JIFFRI THANGAL, KACHERI AMSOM,
KURUMBRAKKATTUSSERI DESOM, THANGAL'S ROAD, KOZHIKODE
THROUGH HIS POWER OF ATTORNEY HOLDER
K.SHAMSUDHEEN, S/O.MOHAMMED, MANAGER,
DARUL HUDA ISLAMIC ACADEMY, CHEMMAD.
BY ADV. SRI.R.RAMADAS
RESPONDENT(S):
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1. THE REVENUE DIVISIONAL OFFICER, TIRUR.
2. THE TAHSILDAR, TIRURANGADI.
3. P.K.M.KUTTY HAJI, 'RAHMATH MANZIL',
A.C.BAZAAR, P.O.MOONNIYUR, MALAPPURAM DISTRICT.
R1 & R2 BY SR.GOVERNMENT PLEADER SRI.V.VIJULAL
R3 BY ADVS. SRI.P.K.SURESH KUMAR
SRI.K.P.SUDHEER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 30-10-2012 ALONG WITH WPC.NO.30383 OF 2007, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
WPC.NO.27165/2007 H
APPENDIX
PETITIONER'S EXHIBITS:
P1: COPY OF THE PROCEEDINGS OF THE REVENUE DIVISONAL OFFICER,
TIRUR DATED 12/04/1999.
P2: COPY OF THE JUDGMENT DATED 29/08/2002 IN CRP.NO.672/2002 OF THIS
HON'BLE COURT.
P3: COPY OF THE ORDER DATED 21/03/2005 IN AS.NO.10/2001 OF THE WAKF
TRIBUNAL, KOZHIKODE.
P4: COPY OF THE ORDER DATED 21/05/2007 IN COMPLAINT NO.1970/2006
BY THE HON'BLE LOK AYUKTA.
P5: COPY OF THE COMPLAINT DATED 21/05/2007 BEFORE THE HON'BLE
MINISTER FOR REVENUE BY THE 3RD RESPONDENT.
P6: COPY OF THE COVERING LETTER DATED 22/05/2007 ISSUED
BY SRI.PANNIAN RAVINDRAN M.P. TO SRI. K.P.RAJENDRAN, MINISTRY
OF REVENUE, GOVERNMENT OF KERALA.
P7: COPY OF THE NOTICE DATED 01/08/2007 ISSUED BY THE 1ST
RESPONDENT TO THE PETITIONER.
RESPONDENT'S EXHIBITS: N I L
/TRUE COPY/
P.S.TO JUDGE
Kss
C.K.ABDUL REHIM,J.
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WP(C).NOs. 27165 & 30383 of 2007
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Dated this the 30th day of October, 2012
JUDGMENT
Challenge in both these writ petitions is against notice issued by the 1st respondent proposing to reopen its earlier decision declaring that the property comprised in survey No.230/2 of A.R Nagar Village, having an extent of 17 cents, is not a wakf property. By virtue of Ext.P1 proceedings the 1st respondent had directed the Tahsildar concerned to accept land tax from the petitioner in WPC.No.30383/07. But subsequently by virtue of the impugned notice the Revenue Divisional Officer has intimated a proposal to reopen the decision. Ext.P7 notice is under challenge on the ground that property is not a wakf property and that he RDO has no jurisdiction to reopen its earlier decision.
2. In WPC.No.30383/07 the petitioner had produced Ext.P11 which is an order passed by the Kerala State Wakf Board on 4.9.2012, in EP.No.1456/94. The Board has taken a decision to the effect that the above said property which is the WP(C). Nos.27165 & 30383 of /2007 2 "Mamburam Makham' is not a wakf property and accordingly steps initiated with respect to registration and administration of the said property was dropped. It is reported that some of the respondents in Ext.P11 order has taken up the matter in appeal before the Wakf Tribunal and the issue is yet to be finally decided. Both sides agree that in view of the decision rendered by the Wakf Board in Ext.P11, the first respondent cannot proceed with the matter pursuant to Ext.P7 notice.
3. Hence these writ petitions are disposed of directing the 1st respondent to restrain from all further steps if any initiated pursuant to Ext.P7 notice. However final decision on the question will depend upon outcome of the matter which is now pending before the Wakf Tribunal.
C.K.ABDUL REHIM, JUDGE pmn/ WP(C). Nos.27165 & 30383 of /2007 3 WP(C). Nos.27165 & 30383 of /2007 4