IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 WP(C).No. 15205 of 2008(S) -------------------------- PETITIONER: ------------ JAMALUDHEEN KUNJU, S/O.MUHAMMED KUNJU THENGUMTHARA PUTHENVEEDU, PALLISSERIKAL P.O. SASTHAMCOTTA BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENTS: ------------- 1. PALLISSERICKAL MUSLIM JAMA-ATH PALLISSERICKAL P.O., SASTHAMCOTTA, REPRESENTED BYI ITS SECRETARY 2. PRESIDENT PALLISSERICKAL MUSLIM JAMA-ATH PALLISSERICKAL P.O., SASTHAMCOTTA. 3. KERALA WAKF BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, OFFICE OF THE KERALA WAKF BOARD NEAR JAWAHARLAL NEHRU INTERNATIONAL STAIDUM KALOOR, ERNAKULAM. BY ADV. SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD FOR R.3 SRI.K.SASIKUMAR FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1: True copy of the Judgment in W.P(C) No. 7304/2007 dated 16.10.2007 Ext.P2: True copy of Plaint in O.S. No. 1/2008 before the Hon'ble Wakf Tribunal, Kollam Ext.P3: True copy of notice dated 15.5.2008 issued by 1st respondent Ext.P4: True copy of the petition before the Wakf Tribunal Kollam, I.A. No. 142/2008 in O.S. No. 1/2008. //true copy// es KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ------------------------------------------ W.P.(C) No. 15205 of 2008 ------------------------------------------- Dated this the 17th day of July 2008 JUDGMENT Kurian Joseph,J This writ petition is filed mainly for the following prayers (i) Call for the records relating to Exhibits P1 to P4 and issue a writ or appropriate direction or order to the Wakf Tribunal, Kollam or the Court-in-Charge of Wakf Tribunal to pass orders in Ext.P4 petition on or before 24.5.2008 (ii) Issue appropriate direction to the 1st and 2nd respondent not to adopt new bye-law and also not to take any policy decision till the final adjudication of Ext.P2 suit as well as Ext.P4 petition I.A. 142/208 by Wakf Tribunal, Kollam. On 22.5.2008 we have passed the following order Advocate Sri. M.M.Saidu Muhammed takes notice for R3. Notice by special messenger to respondents 1 and 2. Implementation of any resolution passed in the Governing body convened pursuant to Ext.P3 will be subject to further orders to be passed by the Wakf Tribunal on the application filed/ being filed by the petitioner. This writ petition is disposed of directing the Wakf Tribunal Kollam to dispose of Ext.P4 as expeditiously as possible at any rate within a period of three months from the date of production of a copy of the judgment. The fate of any decision taken in the meanwhile will be subject to the order thus passed by the Wakf Tribunal. KURIAN JOSEPH, JUDGE HARUN-UL-RASHID, JUDGE es