IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 3RD NOVEMBER 2010 / 12TH KARTHIKA 1932 CRP.No. 921 of 2006() -------------------------- OS.4/2006 of WAKF TRIBUNAL KOLLAM .................... PETITIONERS/DEFENDANTS 1 TO 5 ------------------------------------------ 1. THEVALAKKARA SHEREEFUL ISLAM JAMA-ATH MOTTAKKAL THEVALAKKARA, REPRESENTED BY ITS PRESENT PRESIDENT HAJI P.H.ALIYAR KUNJU AGED 72 YEARS, S/O.HYDROSE KUNJU, ARAB NIVAS, MULLIKKALA, THEVALAKKARA P.O. 2. HAJI P.H. ALIHAR KUNJU, AGED 72 YEARS, S/O.HYDROSE KUNJU (PRESENT PRESIDENT THEVALAKKARA SHEREE UL ISLAM JAMA-ATH) P.O. THEVALAKKARA. 3. A. YONNUS KUNJU, AGED 63 YEARS, S/O.ABDUL RAHMAN KUNJU, KAITHUVILAYIL HOUSE, THEVALAKKARA (PRESENT SECRETARY, THEVALAKKARA SHEREEFUL ISLAM JAMA-ATH) P.O. THEVALAKKARA. 4. M. SULAIMAN KUNJU, AGED 61 YEARS, S/O.MYTHEEN KUNJU, SALAM MANZIL, (PRESENT CHAIRMAN, JAMA-ATH COUNCIL, THEVALAKKARA SHEREEFUL ISLAM JAMA-TH) THEVALAKKARA. 5. HAJI.M. ISMAIL KUNJU, AGED 61 YEARS, S/O.MEERA SAHIB, S.M.S. MANZIL, MULLIKKALA, THEVALAKKARA (PRESENT SECRETARY, JAMA-ATH COUNCIL, THEVALAKKARA SHEREEFUL ISLAM JAMA-ATH) THEVALAKKARA P.O. BY ADVS. SRI.T.H.ABDUL AZEEZ SRI.P.ANOOP (MULAVANA) .....2/-.. ...2... RESPONDENT(S): PLAINTIFF & DEFENDANTS 6& 7 ---------------------------------------------------------- 1. REKOOB KUNJU ALIAS ABDUL RAOOF, AGED 53, S/O.MUHAMMED KUTTY, RESIDING AT SALAM MANZIL, MULLIKKALA, THEVALAKKARA P.O., KARUNAGAPPALLY TALUK, KOLLAM. 2. R. SHAHUL HAMEED, AL-KHASIMI, FORMER KHATHEEB OF THEVALAKKARA SHEREEFUL ISLAM JAMA-ATH, NOW WORKING AS KHATHEEB, CHERAMANTHURUTH JUMA MAZJID, P.O.PUDUKURICHI, THIRUVANANTHAPURAM DISTRICT. 3. KERALA WAKF BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, WAKF BOARD OFFICE, ERNAKULAM, KOCHI-17. R1 BY ADVS. SRI.C.KHALID SRI.N.GOPINATHA PANICKER SRI.R.O.MUHAMED SHEMEEM SRI.T.P.SAJID R3 BY ADVS.SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD SRI.P.A.ABDUL JABBAR, SC, WAKF BOARD THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 03/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ PIUS C.KURIAKOSE & P.S.GOPINATHAN, JJ. ----------------------------------- C.R.P.No.921 OF 2006 ----------------------------------- Dated this the 3rd day of November, 2010 O R D E R ~~~~~~~ P.S.Gopinathan, J. Defendants 1 to 5 in O.S.4/2006 on the file of the Wakf Tribunal, Kollam, are the revision petitioners. The 1st respondent conducted the marriage of his daughter without involvement of the Jama ath. Thereupon, the Jama ath took a decision to expel him from the Mahal and not to register the marriage. Assailing the said decision, the 1st respondent instituted the suit seeking a decree declaring that the decision taken by the Jama ath on 11.3.2006 to expel the 1st respondent and his family members from the Jama ath is illegal and void. The Tribunal below decreed the suit. Assailing the above decree and judgment, this revision petition was filed . 2. Having heard the learned counsel on either side, we find that the dispute on hand is covered by the decision of this court in in Ramesh Gobindram v. Sugra Humayun Mirza C.R.P.No.921/2006 2 Wakf [2010(3) KLT 862]. Relief sought by the 1st respondent would not come within the powers conferred on the Wakf Tribunal under the Wakf Act. 3. In the above circumstances, suit before the lower court is not maintainable. Therefore, the decree and judgment impugned being granted in a suit, which is not maintainable before the Wakf Tribunal, are set aside. The suit before the Tribunal below would stand dismissed with liberty to the 1st respondent to seek relief before the appropriate court, if so chosen. (PIUS C.KURIAKOSE, JUDGE) (P.S.GOPINATHAN, JUDGE) ps