IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 WP(C).No. 27216 of 2010(B) -------------------------- PETITIONER(S): -------------------- K.C.ABDUL KHADER, S/O.SYEDMOHAMMED,AGED 70 YEARS, KARUMAKKAD HOUSEMONNAM MILE PO, PERUMBAVOOR,ERNAKULAM DISTRICT. BY ADV. SRI.M.P.MOHAMMED ASLAM RESPONDENT(S): ------------------------ 1. KARATTUPALLI MUSLIM JAMA-ATH,REPRESENTED BY ITS PRESIDENT A.ABDUL KHADER,S/O.AHAMMED, PEEDIEKKAL HOUSE,HOUSING BOARD COMPLEX,FIRST MILE, 2. K.A.MUHAMMED,S/O.ABOOBACKER,VICE PRESIDENT, KARATTUPALLI MUSLIM JAMA-ATH, KONNAMKUDI HOUSE, FIRST MILE,PO PERUMBAVOOR, ERNAKULAM DISTRICT-683542. 3. O.M.HAMZA,S/O.MUSTHAFA,SECRETARY, KARATTUPALLI MUSLIM JAMA-ATH, UPPUTTIL HOUSE,PERUMBAVOOR PO,ERNAKULAM DISTRICT. 4. K.P.KASIM,S/O.PAREETH,KARAKUNNAN HOUSE, NEAR ASRAMAM HIGH SCHOOL, IST MILE,PERUMBAVOOR PO. 5. K.A.ABDUL RAHIMAN,KAROLI HOUSE, IST MILE ,PERUMBAVOOR PO-683542. 6. M.F.JALALUDHEEN,MULLAKKAL HOUSE, MARAKKAR ROAD,KARATTUPALLIKKARA, PERUMBAVOOR PO-683542. 7. V.B.MAHIN,S/O.BAVA,VARIKKADAN HOUSE, IST MILE,PERUMBAVOOR PO-683542. 8. P.H.SHANAVAS,S/O.HASSAN HAJI,PARAYIL HOUSE, IST MILE,PERUMBAVOOR PO-683542. WPC NO.27216/2010 -2- 9. K.S.MOHAMMED KUNJU,S/O.SULAIMAN, KUNNAMKUDI HOUSE,KARATTUPALLIKKARA,IST MILE, PERUMBAVOOR-683542. 10. K.K.ALI,S/O.KOCHAHAMMED,KONNAMKUDI HOUSE KARATTUPALLIKKARA, IST MILE , PERUMBAVOOR-683542. 11. KERALA WAKF BOARD,REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, OFFICE OF THE KERALA WAKF BOARD, VIP ROAD, KALOOR,KOCHI-682 017. SRI.A.A.ABDUL HASSAN, SC, WAKF BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 27216 OF 2010 (B) ===================== Dated this the 7th day of September, 2010 J U D G M E N T The issue raised in this writ petition is a dispute between the beneficiaries of a Wakf. The issue is pending consideration of the Wakf Board in OP 16/2010, which is filed for framing a scheme. In the OP, the petitioner has filed IA 68/10 praying for orders to oversee the election to the Wakf. IA 87/10 is also filed by the petitioner for a direction to the Wakf Board for restoring the alleged practice of sermon that was delivered on Fridays. In this writ petition, what the petitioner mainly seeks is a direction to the Wakf Board to consider IA 87/10 and pass orders thereon. 2. I heard the standing counsel appearing for the 11th respondent and Sri.T.H.Abdul Aziz appearing for respondents 4 to 10. Standing counsel informs me that the IA was posted on 4th of August and 18th of August 2010 and that however the IA could not be heard and that it is now posted to 14th of September, 2010. It is also disclosed that the OP itself stands posted to 26/11/2010. On the other hand, the counsel for the party respondents submit that they sought impleadment in the proceedings, but however, WPC No. 27216/10 :2 : orders have not been passed, as a result of which, they could not file objection to the IA in question. In such circumstances, the only direction that is possible is that the Wakf Board shall consider IA 87/10 at the earliest possible opportunity, once the pleadings are complete. There will be a direction to that effect. 3. Learned counsel for the petitioner seeks a direction for the Wakf Board to ensure that the court orders are complied with. As rightly pointed out by the counsel for the Board, in such a case, it is open to the petitioner to move the Wakf Board, and if so moved, I have no doubt that the Wakf Board will not take cognizance of such application and pass appropriate orders thereon. It is pointed out that Ext.P6 filed by the petitioner is pending consideration of the Wakf Board. If that be so, the Wakf Board will take appropriate action on Ext.P6 also. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp