IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 22ND NOVEMBER 2007 / 1ST AGRAHAYANA 1929 OP.No. 17026 of 1999(B) ----------------------- PETITIONERS: ------------------ 1. A. ABDUL RASHEED, POST VELLOOR,KANNUR 670 340. 2. K.N.MOHAMMED KUNHI, KAYYALATH HOUSE, PANDIKADAVU, CHERUPUZHA, PAYYANNUR, KANNUR DISTRICT. BY ADV. SRI.P.C.CHACKO(SR.) SRI.ROY CHACKO SRI.P.S.GEORGE SRI.M.SASINDRAN SRI.S.JAMAL RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REP.BY THE CHIEF SECRETARY TO GOVERNMENT , SECRETARIAT, TRIVANDRUM. 2. THE KERALA STATE WAKF BOARD, REP.BY THE EXECUTIVE OFFICER, PARAMARA ROAD, ERNAKULAM. 3. THE DY.SUPERINTENDENT OF POLICE, TALIPARAMBA, KANNUR. 4. THE TAHSILDAR, TALIPARAMBA, KANNUR. 5. THE KARAKKAD MUSLIM JAMA MASJID, CHERUPUZHA, KANNUR DISTRICT PIN. 670 511, REP.BY ITS SECRETARY AND PRESIDENT. BY ADV. SRI.A.A.ABUL HASSAN, SC, WAKF BOARD SRI.M.A.FAYAZ GOVERNMENT PLEADER SRI.MOHAMED PUZHAKKARA SRI.P.A.ABDUL JABBAR, SC, WAKF BOARD THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 22/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.17026/1999 APPENDIX PETITIONER'S EXHIBITS EXT.P1:- COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DT. 19.5.98. EXT.P2:- COPY OF THE NOTE ISSUED BY THE 2ND RESPONDENT DT. NIL. EXT.P3:- COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DT. 16.6.98. EXT.P4:- COPY OF THE LETTER GIVEN TO S.I. OF POLICE DT. 5.4.99. EXT.P5:- COPY OF THE NEWS PAPER REPORT APPEARD IN MATHRUBHUMI DAILY DT. 6.4.99. EXT.P6:- COPY OF THE REPRESENTATION DT. 25.6.99 FILED BY PETITIONERS. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- O.P. No. 17026 of 1999 ----------------------------------------- Dated this the 22nd day of November, 2007 JUDGMENT The writ petition is filed mainly with the following prayer:- “2. Issue a writ of mandamus directing respondents 1 and 2 to direct the 5th respondent to ensure that every member of the Muslim residing within the limits of 5th respondent are permitted to bury the dead body of the deceased in the burial ground attached to the 5th respondent.” Learned counsel appearing for the 5th respondent submits that the said respondent has no objection in burying dead body of the members in accordance with the bye-laws of the Mahal. In view of the submission as above, in case the petitioners have still any grievance left, they may approach the second respondent in which case appropriate action in accordance with law in the matter will be taken by the second respondent. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- O.P.No.17026 of 1999 ----------------------------------- JUDGMENT 22nd November, 2007