IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 CRP.No. 581 of 2004() --------------------- OP.2/2002 of WAKF TRIBUNAL, KOZHIKODE ................... REVN. PETITIONER/ISTRESPONDENT: --------------------------- KALANTHARAKATH KUNHIMOIDEEN, S/O. ABDURAHIMANKUTTY, AGED 67 YEARS, BUSINESS, RESDING AT 'THE NEST', NEAR VICTORY MILL KANNUR-6. BY ADV. SRI.C.KHALID SRI.N.GOPINATHA PANICKER SRI.R.O.MUHAMED SHEMEEM SRI.T.P.SAJID RESPONDENTS/PETITIONER AND RESPONDENTS NO.2 -------------------- 1. K.P.S.KOYAMMA THANGAL ALIAS ISMAIL KOYAMMA THANGAL, AGED 78 YEARS, S/O. IMBICHI THANGAL, BUSHRA HOUSE, OLD BUSTAND, VALAPATTANAM. (DIED) 2. CHIEF EXECUTIVE OFFICER, KERALA WAKF BOARD, ERNAKULAM. 3. KERALA WAKF BOARD, REPRESENTED BY SECRETARY, ERNAKULAM. ADDL. 4. S.A.JALALUDEEN THANGAL, AGED 46 YEARS, WHOSE FATHER'S NAME IS NOT KNOWN RESIDING IN KPS MANZIL, VALAPATTANAM. 5. KPS HABEEB KOYA THANGAL, AGED 50, WHOSE FATHER'S NAME IS NOT KNOWN, NOW RESIDING AT SADATH MANZIL, BEACH ROAD, KOILANDI. (ADDL. R4 AND R5 ARE IMPLEADED AS PER ORDER DTD. 17/1/07 ON I.A.NO.1885/06) ADV. DR.K.B.MUHAMED KUTTY (SR.) FOR R1 SRI.K.M.FIROZ FOR R1 SRI.A.A.ABUL HASSAN SC FOR R3 SRI.M.M.SAIDU MUHAMMED FOR R2 SRI.P.M.PAREETH FOR ADDL.R4 & R5 SRI.MOHAMMED SHAMEEL FOR ADDL.R4 & R5 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 31/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.NOS.1518/2004 & 2238/2005 IN C.R.P.NO.581/2004 ----------------- DISMISSED 31/10/2008 Sd/- P.R.RAMAN, JUDGE Sd/- T.R.RAMACHANDRAN NAIR, JUDGE P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- C.R.P.NO.581 OF 2004 -------------------------------- Dated this the 31st day of October, 2008 O R D E R Raman,J. The dispute in this revision is between the revision petitioner and the lst respondent. An order was passed by the Wakf Tribunal, Kozhikode on 31/1/2004 allowing O.P.No.2/2002, by which the order dated 13/5/2002 passed by the Wakf Board was set aside. As a result a declaration was also made that the petitioner/1st respondent is not entitled to function as the surviving member of the committee of the Mosque constituted on the basis of a scheme said to have been framed by the High Court of Madras in A.S.No.194/1934. Against that order the present revision is filed. During the pendency of the matter, the parties came to a compromise and filed a joint petition as I.A.No.2454/2008. As per the joint petition it is agreed that the order of the Wakf Tribunal impugned in this revision be set aside and the matter be remanded -2- C.R.P.No.581/2004 to the Wakf Board with a direction to expedite the proceedings in Petition No.33/2001 by electing the members of the public according to the scheme accepting the nomination of the senior members of five tharwads including the 5th Respondent. There are also other terms in the agreement. In view of the settlement arrived at between the parties, it is not necessary to adjudicate the dispute. The order of the Wakf Tribunal is set aside and that of the Wakf Board is restored. Even though it is prayed that a time limit may be fixed for disposal of the petition, in the absence of further details it may not be proper to fix a time limit. However, we direct the Wakf Board to dispose of the petition expeditiously. C.R.P. is disposed of in terms of the compromise. The compromise petition shall be attached to this order. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv.