IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 WP(C).No. 28821 of 2005(F) -------------------------- PETITIONER(S): --------------- PALLIACHATTA AHAMMED, AGED 77, S/O. BAMMED, AMINI ISLAND, UNION TERRITORY OF LAKSHADWEEP, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SYED KOYA, AGED 62 YEARS, S/O.HAMSA KOYA, PALLICHATTA HOUSE, AMINI DWEEP, LAKSHADWEEP. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT(S): --------------- 1. ADMINISTRATOR, UNION TERRITORY OF LAKSHADWEEP, KAVARATTI. 2. THE SETTLEMENT OFFICER, LAKSHADWEEP, KAVARATTI. 3. THE ASSISTANT SETTLEMENT OFFICER, AMINI, UNION TERRITORY OF LAKSHADWEEP. 4. ARENAKADA CHERIYA KOYA THANGAL, S/O. K.KOYA THANGAL, KAVARATTI, UNION TERRIORY OF LAKSHADWEEP, KAVARATTI. 5. SURAMBI ABDULLAH KOYA, S/O. M.MUHAMMED, AMINI ISLAND, UNION TERRITORY OF LAKSHADWEEP, KAVARATTI. ADV. SRI.SHAFIK M.ABDULKHADIR,SC,LAKSHADWEEP FOR R1TO3 SRI.S.V.BALAKRISHNA IYER, SENIOR ADVOCATE FOR R4 SRI.P.B.KRISHNAN FOR R4 SRI.K.JAYAKUMAR FOR R4 SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 28821 of 2005 ================== Dated this the 14th day of June, 2010 J U D G M E N T The petitioner claims to be the Karanavan of Palliachetta family in the Union Territory of Lakshadweep. The contentions raised in the writ petition are in respect of muthavalliship of a mosque and the propriety of granting rough patta in favour of the 4th respondent. The petitioner seeks the following reliefs: “i) Call for the records leading to Exts.P2 to P4 and set aside the same finding that it is not legally and factually sustainable. ii) To issue an appropriate writ of mandamus or any other writ, order or direction commanding the Assistant Settlement Officer to re- consider the issue in accordance to the law concerning the rough patta No.1542.” The 4th respondent has filed a counter affidavit stating that the issues involved in this writ petition are pending in an appeal before the Wakf Tribunal. The learned counsel for the petitioner could not satisfy me that the said averment in the counter affidavit is not correct. That being so, I am of opinion that the remedy of the petitioner lies in taking all his contentions in the litigation pending before the Wakf Tribunal as W.T.O.S.No./2002. Therefore, without prejudice that right of the petitioner, this writ petition is closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2