IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 26965 of 2006(I) ------------------------------------- PETITIONER: ------------------ ABOOBACKER, S/O.ALIKUNHI, KAJE HOUSE, PATHOOR POST, KANJESWAR, KASARAGOD. BY ADV. SRI.P.K.MUHAMMED RESPONDENTS: ---------------------- 1. THE TAHSILDAR, TALUK OFFICE, KASARAGOD. * ADDL. R2 & R3 ARE IMPLEADED ADDL. R2: P.M.UMMAR HAJI, PRESIDENT, BADRIYA JUMA MASJID, C.M.NAGAR, PATHUR VILLAGE & POST, KASARAGOD TALUK. ADDL. R3: ABDUL RAHIMAN, SECRETARY, BADRIYA JUMA MASJID, C.M.NAGAR, PATHUR VILLAGE & POST, KASARAGOD TALUK. * ARE IMPLEADED AS ADDL. R2 & R3 AS PER ORDER DATED 09/04/07 IN I.A.5117/07. GOVERNMENT PLEADER SRI.P.K.BABU FOR R1 ADV. SRI.BECHU KURIAN THOMAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 26965/2006-I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTICE ISSUED TO THE MUTHAVALLY, PATHOOR JAMA-ATH PALLY FROM THE WAKF BOARD DATED 29/04/1999. EXT.P2: COPY OF THE CERTIFICATE ISSUED BY THE DISTRICT REGISTRAR, CANNANUR DATED SEPTEMBER, 1982. EXT.P3: COPY OF THE APPLICATION SUBMITTED BY THE PRESIDENT, PATHOOR JUMA MASJID COMMITTEE BEFORE THE RESPONDENT DATED 02/11/1982. EXT.P4: COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE EXECUTIVE ENGINEER, PWD ROADS DIVISION DATED 11/02/1982. EXT.P5: COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY THE D.M.O. DATED 12/09/1991. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.26965 OF 2006 --------------------------------------- Dated this the 29th day of September, 2008. J U D G M E N T Petitioner approached this Court praying for a direction to take action on Exhibit P3 application for assignment of land for burial ground. Learned Senior Government Pleader submits that the land referred to in Exhibit P3 is not assignable. 2. Be that as it may, it is made clear that if in any case, at any point of time, any action is taken for assignment of land referred to in Exhibit P3, applications filed by respondents 2 and 3 will also be considered in the process. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 26965 OF 2006 J U D G M E N T 29.09.2008