Kerala High Court
Kollam Mavally Muslim Jama-Ath ... vs Kerala State Waqf Board Represented By ... on 3 September, 2024
Author: Amit Rawal
Bench: Amit Rawal
WP(C) NO. 30798 OF 2024 1
2024:KER:67450
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
WP(C) NO. 30798 OF 2024
PETITIONER/S:
1 KOLLAM MAVALLY MUSLIM JAMA-ATH REPRESENTED BY ITS
SECRETARY AJESH HAQUE
AGED 50 YEARS
MULANGADAKAM, THIRUMULLAVARAM.P.O, KOLLAM, PIN -
691012
2 AJESH HAQUE
AGED 50 YEARS
S/O. FAZAL HAQUE, JENNATH, N.N.NAGAR 119, KOLLAM,
SECRETARY, MAVALLY MUSLIM JAMA-ATH., PIN - 691012
3 THAHA KOYA
AGED 70 YEARS
S/O MUHAMMED KUNJU, FATHIMA MANZIL, PUNNATHALA,
THIRUMULLAVARAM.P.O, KOLLAM, PIN - 691012
BY ADVS.
P.A.ABDUL JABBAR
MUHAMMED SHAFFI
SHAHIM BIN AZIZ
RESPONDENT/S:
1 KERALA STATE WAQF BOARD REPRESENTED BY ITS CHIEF
EXECUTIVE OFFICER
V.I.P. ROAD, KALOOR, ERNAKULAM, PIN - 682017
2 CHAIRMAN, KERALA STATE WAQF BOARD
V.I.P. ROAD, KALOOR, ERNAKULAM, PIN - 682017
WP(C) NO. 30798 OF 2024 2
2024:KER:67450
3 CHIEF EXECUTIVE OFFICER
KERALA STATE WAQF BOARD, V.I.P. ROAD, KALOOR,
ERNAKULAM, PIN - 682017
4 DIVISIONAL WAQF OFFICER
KERALA STATE WAQF BOARD, DIVISIONAL OFFICE,
THIRUVANANTHAPURAM, ARTLEE COMFORT, NALANDA ROAD,
PMG VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, PIN -
695033
5 H. SHOUKKATHALI
S/O. HUSSAIN KUNJU, S.N. MANZIL, PUNNATHALA, KOLLAM,
PIN - 691012
6 NOUSHAD M.
S/O. MUHAMMED KUNJU, THEKKUM BAGAM (H), PUNNATHALA,
KOLLAM, PIN - 691012
7 THAJUDHEEN
S/O. ABDUL RAHMAN, ODAPPALLY HOUSE, THOPPIL NAGAR,
KAVANAD, KOLLAM, PIN - 691003
8 ANSAR ASEEZ
S/O. ASEEZ, KALAVARA (H), PUNNATHALA, KOLLAM, PIN -
691012
9 A.K. ASEEM
S/O. AHAMMED KOYA, KANDATHIL (H), THANGASSERY,
KOLLAM, PIN - 691007
0 MUHAMMED SALEEM
S/O. ABDUL RASAK, THARAYIL (H), PUNNATHALA, KOLLAM,
PIN - 691012
11 ALSHAAB
S/O. SHARAFUDHREN, INCHAKKAL (H), MULANKADAKAM,
KOLLAM, PIN - 691012
12 ANSAR
S/O. ABDUL KADER, ASNA MANZIL, MILLENIUM NAGAR-29,
KAVANAD, KOLLAM, PIN - 691003
13 MUHAMMED BAKKAR
S/O. ASEEZ, PANAMOOTTIL (H), MULANGADAKAM, KOLLAM,
PIN - 691012
WP(C) NO. 30798 OF 2024 3
2024:KER:67450
14 MUHAMMED RAFI
S/O. ABDUL SAMAD, RAVUTHAR PARAMBU, MULANGADAKAM,
KOLLAM, PIN - 691012
15 MUHAMMED SHAH
S/O. SHAJAHAN, PERUMAALIL KOCHUVEED, PUNNATHALA,
KOLLAM, PIN - 691012
16 NASARUDHEEN
S/O. HUSSAIN KUNJU, AMAL MANZIL, PUNNATHALA, KOLLAM,
PIN - 691012
17 NISAMUDHEEN
S/O. MUHAMMED KUNJU, RAVUTHAR PARAMBU, MULANGADAKAM,
KOLLAM, PIN - 691012
18 SAHIL T.
S/O. THAJUDHEEN, KANDATHIL PARAMBU, PUNNATHALA,
KOLLAM, PIN - 691012
19 SHAHUDHEEN
S/O. YUSUF KUNJU, KOORAVILA HOUSE, PUNNATHALA,
KOLLAM, PIN - 691012
0 UBAID
S/O. KAMARUDHEEN, SHAKKEELA MANZIL, MEDEMUKKU,
KAVANAD, KOLLAM, PIN - 691003
21 SHAJAHAN
S/O. JAMALUDHEEN, KLAVE VADAKKATHIL, KUREEPPUZHA,
KAVANAD, KOLLAM, PIN - 691003
22 SHIHABUDHEEN
S/O. IBRAHIMKUTTY, FATHIMA MANZIL, IRAVIPURAM,
KOOTTIKKADA P.O., KOLLAM, PIN - 691020
OTHER PRESENT:
SRI JAMSHEED HAFIZ SC WAQF
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 30798 OF 2024 4
2024:KER:67450
JUDGMENT
Amit Rawal, J.
Petitioner has approached this Court seeking the following reliefs:
a.Issue a writ of certiorari or any other writ, direction or order calling for the records leading to Ext.P8 order and quash the same declaring as illegal. b. Direct the 4th respondent to implement Ext.P4 order with immediate effect and to place his report before the 1 st respondent Board in its meeting dated 5.9.2024 and also direct the 1st respondent Waqf Board to pass further order on the same without delay.
2. It is informed that the order dated 11.7.2024 was passed against the respondent No.5, Sri.H.Shoukkathali against which, an appeal is stated to be pending. In the absence of the interim stay, respondent No.5 approached the Chairman for implementation of the order.
3. Mr.Jamsheed, learned counsel appearing on behalf of the Waqf Board accepts notice and submits that, on instructions from the Chairman, the order under challenge Ext.P8 shall be withdrawn. In this view of the matter, the consequential order of the Chief Executive Officer Ext.P8 as well as of the Divisional Waqf Officer, Ext.P9 dated 17.8.2024 would have no consequences.
4. In this view of the matter, once the order under challenge has been withdrawn, there is no cause of action survive. Writ petition is ordered to be closed.
Counsel for the petitioner submits that in view of this fact, the WP(C) NO. 30798 OF 2024 5 2024:KER:67450 meeting date already scheduled for 18.8.2024 is already been over and prays for holding of the fresh meeting in the absence of any interdiction. Mr.Jamsheed, learned counsel appearing on behalf of the Waqf Board informs the Court that the Divisional Officer of the Waqf Board will fix the date of the meeting as early as possible until and unless interdicted in the pending appeal before the Tribunal.
Sd/-
AMIT RAWAL JUDGE Sd/-
sab EASWARAN S.
JUDGE
WP(C) NO. 30798 OF 2024 6
2024:KER:67450
APPENDIX OF WP(C) 30798/2024
PETITIONER EXHIBITS
Exhibit- P1 TRUE COPY OF THE DECISION DATED 12.02.2024 TAKEN IN
THE COUNCIL MEETING OF THE 1ST PETITIONER JAMA-ATH. Exhibit- P1 (a) TRUE TRANSLATION OF EXHIBIT- P1. Exhibit- P2 TRUE COPY OF THE I.A. NO. 58/2024 IN OP NO.
56/2024.
Exhibit- P2 (a) TRUE TRANSLATION OF EXHIBIT- P2. Exhibit- P3 TRUE COPY OF THE INTERIM ORDER DATED 28.02.2024 PASSED IN EXT. P2 APPLICATION.
Exhibit- P4 TRUE COPY OF THE ORDER DATED 11.07.2024 PASSED IN EXT. P2 APPLICATION.
Exhibit- P5 TRUE COPY OF THE NOTICE DATED 09.08.2024 ISSUED BY THE 4TH RESPONDENT.
Exhibit- P5 (a) TRUE TRANSLATION OF EXHIBIT- P5. Exhibit- P6 TRUE COPY OF THE I.A. NO: 703/2024 IN O.A. NO.84/24 FILED BEFORE THE WAQF TRIBUNAL, KOZHIKODE. Exhibit- P7 TRUE COPY OF THE APPLICATION DATED 16.08.2024 FILED IN OP NO: 56/2024 BEFORE THE WAQF BOARD. Exhibit- P7 (a) TRUE TRANSLATION OF EXHIBIT- P7. Exhibit- P8 TRUE COPY OF THE ORDER DATED 16.08.2024 ISSUED BY THE 3RD RESPONDENT.
Exhibit- P8 (a) TRUE TRANSLATION OF EXHIBIT- P8. Exhibit- P9 TRUE COPY OF THE NOTICE DATED 17.08.2024 ISSUED BY THE 4TH RESPONDENT.
Exhibit- P9 (a) TRUE TRANSLATION OF EXHIBIT- P9.