IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 WP(C).No. 7506 of 2010(K) ------------------------- PETITIONER(S): --------------- A.M.IBRAHIM, ERANTHURUTHI VEED, AGED 50 YEARS, S/O.MOIDEEN, METHALA P.O., KURUPPAMPADY VIA, METHALA, PIN-683 545, ERNAKULAM. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.JAGAN GEORGE SRI.P.G.PRAMOD SRI.KANDAMPULLY RAHUL RESPONDENT(S): --------------- 1. NELLIKUZHY GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, NELLIKUZHY, IRAMALLOOR, KOTHAMANGALAM. 2. KERALA STATE WAKF BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, VIP ROAD, KALOOR. 3. POOVATHUR MOHIYUDEEN JUMA-ATH PALLI REPRESENTED BY ITS PRESIDENT T.M.KABEER, RESIDING AT THOTTATHIKULAM, POOVATHUR, IRAMALLOOR P.O., KOTHAMANGALAM. 4. T.M.AHAMMAD, THANIKKAMUKALATH, SECRETARY, POOVATHUR MOHIYUDEEN JUMA-ATH PALLI, METHALA P.O., KURUPPAMPADY VIA, PIN-683 545. ADV. SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ------------------- W.P.(C).7506/2010 -------------------- Dated this the 9th day of March, 2010 JUDGMENT The case of the petitioner is that respondents 3 and 4 are attempting to make construction in a Wakf property without obtaining permission from the 2nd respondent as required under Section 95B(1) of the Kerala Wakf Rules, 1996. It is stated that despite this, the 1st respondent is proceeding to grant building permit. Petitioner states that he has filed Ext.P2 representation before the 2nd respondent which has not been considered so far. In these circumstances, the writ petition is filed. 2. If as stated by the petitioner, the permission of the 2nd respondent is a mandatory precondition, it is for the petitioner to bring it to the notice of the 1st respondent which has been allegedly done by him by submitting Ext.P2. 3. Having regard to the fact that Ext.P2 is pending before the 1st respondent, it is directed that the 1st respondent shall W.P.(C).7506/10 2 consider Ext.P2 and also the application, if any, made by respondents 3 and 4. 4. Petitioner may produce a copy of this judgment along with the copy of the writ petition before the 1st respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs