IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 WP(C).No. 12869 of 2009(C) ---------------------------------------- PETITIONER(S): ------------------------ 1. M.S.MUHAMMED BASHEER, AGED 65 YEARS, S/O. LATE. M.K. SALIM,PRESIDENT, ERAMATHUR MUSLIM JAMA-ATH, ERAMATHUR.P.O., MANNAR, ALAPPUZHA DISTRICT. 2. P.RAHIM, AGED 45 YEARS, S/O. LATE PAREETH KUNJU, SECRETARY, ERAMATHUR MUSLIM JAMA-ATH, ERAMATHUR.P.O., MANNAR, ALAPPUZHA DISTRICT. BY ADV. MR.ESM.KABEER RESPONDENT(S): --------------------------- 1. ABOOBACKER MUSALIYAR, S/O. SAIDU MUHAMMED MUSALIYAR, PUTHENPURAYIL HOUSE, ERAMATHUR.P.O., MANNAR, ALAPPUZHA DISTRICT. 2. THE KERALA STATE WAKF BOARD, REPRESENTED BY ITS SECRETARY, V.I.P. ROAD, KALOOR, KOCHI-17. R1 BY ADV.MR.PRAMOD J.DEV R2 BY ADV.MR.M.M.SAIDU MUHAMMED,SC,WAKF BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.12869/2009 C APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PETITION FILED BY THE 1ST RESPONDENT BEFORE THE WAKF BOARD DTD. 06/12/07. P2: COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DTD.21/02/08. P3: COPY OF THE ORIGINAL APPLICATION NO.1/08 FILED BY THE PETITIONERS BEFORE THE WAKF TRIBUNAL, KOLLAM DTD.19/3/08. P4: COPY OF THE LETTER ISSUED BY THE COUNSEL DTD.29/05/08. P5: COPY OF THE I.A.NO.98/08 IN O.P.NO.110/07 FILED BY THE 1ST RESPONDENT BEFORE THE 2ND RESPONDENT ON 23/05/08 u/s.61 OF THE WAKF ACT. P6: COPY OF THE ORDER OF THE 2ND RESPONDENT DTD. 07/04/09. P7: COPY OF THE OPINION OF THE EXPERT SCHOLARS OF SAMATHA KERALA JAMIYYATHUL ULAMA DTD. 15/04/08. P8: COPY OF THE LETTER ISSUED BY THE PRESIDENT, MANNAR JAMA-ATH DTD. 11/01/08. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss V.GIRI, J ------------------- W.P.(C).12869/2009 -------------------- Dated this the 12th day of June, 2009 JUDGMENT Heard learned counsel for the petitioner, learned Standing Counsel for the 2nd respondent and learned counsel appearing for the 1st respondent. 2. Petitioners claim to be the President and Secretary of the Eramthur Muslim Jama-ath. First respondent is a member of Mannar Jama-ath. He filed a petition before the Wakf Board as application No.1/08 for permitting his children and other students in the madrassa to use the word 'Allahu' in a particular manner. According to the petitioners, on the first posting date itself Wakf Board proceeded to pass an order directing prosecution of the petitioners. Against Ext.P2 order passed by the Wakf Board, appeal has been preferred before the Wakf Tribunal, Kollam. This writ petition has been filed seeking a direction that steps for prosecuting W.P.(C).12869/2009 2 the petitioners may be kept in abeyance till the Wakf Tribunal takes a decision on Ext.P3 appeal. 3. Learned Standing Counsel for the 2nd respondent submits that appeal before the Wakf Tribunal stands posted to 15.6.2009. In the circumstances, writ petition is disposed of directing that the enforcement of Exts.P2 and P6 shall be kept in abeyance till the disposal of Ext.P3 appeal before the Wakf Tribunal, Kollam. V.GIRI, Judge mrcs