ABDULLA MEKKARUMBAN v. THE KERALA STATE WAKF BOARD
Court: High Court of Kerala
Bench: HONOURABLE MR.JUSTICE K.VINOD CHANDRAN,HONOURABLE MR. JUSTICE T.R.RAVI
Judgment date:
Case summary
High Court of Kerala judgment dated 2020-12-11. ABDULLA MEKKARUMBAN v. THE KERALA STATE WAKF BOARD. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE K. VINOD CHANDRAN & THE HONOURABLE MR. JUSTICE T. R. RAVI FRIDAY, THE 11TH DAY OF DECEMBER 2020 / 20TH AGRAHAYANA, 1942 WP(C). No. 27657 OF 2020(F) PETITIONER: ABDULLA MEKKARUMBAN AGED 64 YEARS S/O. HASSAN, MEKKARUMBAN HOUSE, KOORIYAD, INDIANOOR P. O, PIN-676 503, KOTTAKKAL VIA THIROOR TALUK, MALAPPURAM(DT) BY ADV. SRI. K. MUHAMMED SALAHUDHEEN RESPONDENTS: 1 THE KERALA STATE WAKF BOARD REP. BY ITS CHIEF EXECUTIVE OFFICER, V. I. P. ROAD, KALOOR, ERNAKULAM, KOCHI-682 017 2 THE CHIEF EXECUTIVE OFFICER, THE KERALA STATE WAKF BOARD, V. I. P. ROAD, KALOOR, ERNAKULAM KOCHI-682 017 3 THE DIVISIONAL OFFICER, THE KERALA STATE WAKF BOARD, DIVISIONAL OFFICE, KSEB BUILDING, KOZHIKODE ROAD, MANJERI-676 121 4 THE DISTRICT COLLECTOR, CIVIL STATION, MALAPPURAM DIST. , PIN-676 505 5 THE TAHASILDAR TIROOR, MALAPPURAM DISTRICT, PIN-676 101 6 THE EXECUTIVE ENGINEER, PWD (ROADS AND BRIDGES), MANJERI P. O, MANJERI, MALAPPURAM DIST.
, PIN-676 121 W. P. (C)No. 27657 of 2020 -2- 7 THE PONMALA GRAMA PANCHAYATH, REP. BY ITS SECRETARY, CHAPPANANGADI P. O, MALAPPURAM DIST. , PIN-676 503 8 THE SECRETARY, PONMALA GRAMA PANCHAYATH, CHAPPANANGADI P. O, MALAPPURAM DIST. , PIN-676 503. 9 THE PRESIDENT, KOORIYAD MUNEERUL ISLAM SANGAM KOORIYAD INDIANOOR P. O, KOTTAKKAL VIA, MALAPPURAM(DT. ), PIN-676 503 10 THE SECRETARY, KOORIYAD MUNEERUL ISLAM SANGAM, KOORIYAD INDIANOOR P. O, KOTTAKKAL VIA, MALAPPURAM (DT),PIN-676 503 R1 TO R3 BY SRI T. K. SAIDALIKUTTY, SC, WAQF BOARD R4 TO R6 BY SENIOR GOVERNMENT PLEADER SRI. T. K. SHAJAHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11. 12. 2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W. P. (C)No. 27657 of 2020 -3- K. VINOD CHANDRAN & T. R. RAVI,JJ. ------------------------------------------------ W. P. (C)No. 27657 of 2020 --------------------------------------------------th Dated this the 11 day of December, 2020 JUDGMENT T. R. RAVI, J.
The writ petition has been filed praying for the issuance of directions to survey and demarcate the properties of the Kooriyad Juma Masjid and to direct the Chief Executive Officer to initiate action under Section 54 of the Waqf Act to remove the alleged encroachments in the properties of the Kooriyad Juma Masjid. 2. Heard Sri Mohammad Salahudheen on behalf of the petitioner, Sri T. K. Saidalikutty on behalf of respondents 1 to 3 and the learned Senior Government Pleader for respondents 4 to 6. 3. According to the writ petitioner, he along with his mother, father and brother had jointly executed Ext. P1 waqf deed in favour of the Kooriyad Juma Masjid which was being managed by the Kooriyad Muneerul Islam Sangham. The waqf W. P. (C)No. 27657 of 2020 -4-was created in 1981.
According to the petitioner, the present office bearers of the Sangham are not taking good care of the waqf property and the property has been encroached upon by th th the 7 respondent Panchayat and the 6 respondent PWD. The petitioners state that despite complaints being made to rd the 3 respondent, no action is forthcoming to remove the encroachments. By Ext. P9, the Chief Executive Officer, who had looked into the matter, has closed the files saying that no further action can be taken without conducting a survey of the waqf property and ascertaining the encroachment. 4. The manner in which a survey has to be undertaken is clearly spelt out in Chapter 2 of the Waqf Act. The remedy of the petitioner can only be to initiate steps in accordance with the statutory provisions. Even without approaching the authorities under the Act for initiating a survey, the petitioner is not entitled to rush to this Court with a petition under Article 226 of the Constitution.
We hence dismiss this writ petition, without prejudice to the right of the petitioner to approach the appropriate authorities under the Waqf Act for conducting a W. P. (C)No. 27657 of 2020 -5-survey of the waqf properties. If the survey reveals any illegal encroachments, the petitioner may approach Chief Executive Officer, for appropriate reliefs. Parties will bear their respective costs. Sd/- K. VINOD CHANDRAN JUDGE Sd/- T. R. RAVI JUDGE dsn of 2020 -6- APPENDIX PETITIONER'S EXHIBITS: A TRUE COPY OF THE WAKF DEED AS DOCUMENT NO. 836/1 OF 1981 OF SRO, MALAPPURAM DATED 20. 04. 1981. A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 26. 07. 2014. A TRUE COPY OF THE REGISTERED NOTICE SENT BY THE 3RD RESPONDENT TO THE 9TH AND 10TH RESPONDENTS DATED 06. 02. 2017. TRUE COPY OF THE APPLICATION FILED BEFORE THE R5 DATED 18. 07. 2017 FILED BY SECRETARY, MUNEERUL ISLAM SANGHAM. TRUE CHALLAN REMITTANCE OF NECESSARY FEES DATED 18. 07. 2017.
A TRUE COPY OF THE COMMUNICATION ISSUED BY R5 TO THE 10TH RESPONDENT DATED 20. 12. 2017. A TRUE COPY OF THE REPORT OF THE WAKF INSPECTOR DATED 14. 02. 2015. A TRUE COPY OF THE REPORT OF THE DIVISIONAL OFFICER, MANJERI SUBMITTED BEFORE THE 1ST RESPONDENT WAKF BOARD DATED 19. 09. 2018. A TRUE COPY OF THE CONSENT GIVEN BY THE SECRETARY MUNEERUL ISLAM SANGAM DATED 21. 06. 2014 TO THE SECRETARY, PONMALA GRAMA PANCHAYATH. A TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 06. 01. 2020 IN PROCEEDINGS NO. E. C. NO. 85/2019 (NO. A10 2032/19. )
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.