IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 WA.No. 546 of 2010() -------------------- AGAINST THE JUDGEMENT IN OP.6652/2002 Dated 23/06/2006 .................... APPELLANT(S): PETITIONERS ------------------------- 1. P.SAINABA, W/O.LATE T.P.MAMMOOTTY, KANDOTH HOUSE, KODIVERI AMSOM, KALLAI DESOM, KANNUR DISTRICT. 2. IFTHIKARUDHEEN, S/O.LATE MAMMOOTTY, KANDOTH HOUSE, KODIVERI AMSOM, KALLAI DESOM, KANNUR DISTRICT. BY ADV. SRI.P.M.PAREETH RESPONDENT(S): RESPONDENTS -------------------------- 1. MAYYALAVIYYA MUSLIM EDUCATIONALSOCIETY, REP. BY ITS PRESIDENT, P.O.NEW MAHE, KANNUR DISTRICT. 2. PRESIDENT MAYYALAVIYYA MUSLIM EDUCATIONALSOCIETY, REP. BY ITS PRESIDENT, P.O.NEW MAHE, KANNUR DISTRICT. ADV. SRI.T.P.PANKAJAKSHAN FOR R1&2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON ON 12/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ W.A. 546 of 2010 ------------------------------------------------------ Dated: AUGUST 12, 2010 JUDGMENT Basheer, J. This appeal has been filed with a delay of 1338 days. We have condoned the delay in the peculiar facts and circumstances of the case and particularly for the reason that the affidavit in support of the application has been filed by a member of this Bar. 2. By the impugned judgment the learned single Judge has disposed of the writ petition without prejudice to the right of the appellants to work out their remedies either before the trial court or the Wakf Tribunal. 3. The appellants are stated to be the legal heirs of a deceased employee of respondent No.1-Society. The employee passed away in the year 1994. It appears that some shortage was noticed in the accounts of the Society. The legal heirs of the employee had admittedly deposited a sum of Rs.52,000/- which was alleged to be the deficit noticed in the accounts. 4. The writ petition was filed in 2002 with a prayer to issue a direction to the Society to appoint a Chartered Accountant acceptable to the Society as well as the appellants, in order to examine society's W.A. 546 of 2010 2 accounts for the period from 1989 to 1994 and to find out whether the deceased employee had received any funds of the Society and was therefore responsible for the alleged deficit of Rs.52,000/-. 5. Having perused the prayer made in the writ petition and having heard learned counsel for the appellants, we do not find any reason to entertain this appeal. However, since learned counsel submits that the appellants may be given an opportunity to pursue the other remedies, if any, available to them, we do not propose to consider the merit and tenability of the contentions raised by them either in the writ petition or in the writ appeal. The appeal is dismissed in limine. However, we make it clear that it will be open to the appellants to pursue the remedies, if any, available to them in accordance with law. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-