IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No. 34857 of 2008(Y) -------------------------- PETITIONER: --------------- 1. K. DOMANNIK FAN, AGED 68 YEARS, S/O. LATE ALI ADAM, KEHINGANDUWAR, SADIVALU VILLAGE,MINICOY ISLAND, U.T OF LAKSHDWEEP. 2. FABRIKAGE HUSSAIN, AGED 58 YEARS, S/O. LATE IBRAHIM, FUNHILOL VILLAGE, MINICOY, U.T. OF LAKSHADWEEP. BY ADV. SRI.P.S.USUPH SRI.P.U.ZIYAD RESPONDENTS: -------------------- 1. THE LAKSHADWEEP WAKF BOARD AT KAVARATHI, REPRESENTED BY THE CHIEF EXECUTIVE OFFICER, LAKSHADWEEP WAKF BORD OFFICE, KAVARATTI, U.T. OF LAKSHADWEEP. 2. MASJID ADMINISTRATION AND SULLAMUSSUBAIN MADRASSA COMMITTEE, MINICOY, REPRESENTED BY PRESIDENT, HUSSAIN MOULAVI, S/O. ALI BE BEGE, FENGENNAGOTHI, BODUTHIRI VILLAGE, MINICOY ISLAND, U.T. OF LAKSHADWEEP. 3. SECRETARY, MASJID ADMINISTRATION AND SULLAMSSUBIAN MADRASSA COMMITTEE, MINICOY, HASSAN TAKRU, THAKANDUGOTHI, S/O. LATE HUSSAIN, SEDIVALU VILLAGE, MINICOY ISLAND, U.T OF LAKSHADWEEP. 4. TREASURERS OF MASJID ADMINISTRATION AND SULLAMSSUBIAN MADRASSA COMMITTEE, VELAGE YUSUF MANIKFEN, MINICOY ISLAND, U.T OF LAKSHADWEEP. WP(C).No. 34857 of 2008 -2- 5. V.B. IBRAHIM KUTTY, VALUMOUGOTHI, BIDHRUGE, S/O. LATE MOHAMMED KOIFU, AOUMAGE VILLAGE, MINICOY ISLAND, U.T OF LAKSHADWEEP. 6. V.B ALI KUTTY, VALUMOUGOTHI BIDHRUGE, S/O.MOHAMMED KOIFU, AOUMAGE VILLAGE, MINICOY ISLAND, U.T OF LAKSHADWEEP. 7. SHABEETH, VALUMOUGHOTHI BIDHRUGE, S/O. KALUDHAGOTHI ISMAIL, AOUMAGE VILLAGE, MINICOY ISLAND, U.T. OF LAKSHADWEEP BY SRI. S. RADHAKRISHNAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.34857 of 2008 -------------------------- Dated this the 26th November, 2008 J U D G M E N T I heard Sri.P.S Usuph, learned counsel for the petitioners and Sri.S.Radhakrishnan, learned standing counsel for the 1st respondent. 2. Petitioners are the inhabitants of Mincoy Island in the Union Territory of Lakshadweep. Petitioners submit that the 1st respondent published the list of wakfs in Minicoy Island in U.T of Lakshadwwep by notification No.F No.2/1/71-(LMA) in the year 1971. In that list Item No.7 are the wakfs in Funhilol village known as 'MAMISKOI' Wakf. Second respondent voluntarily constituted a committee which is carrying on the management of the Wakf along with respondents 3 and 4. Petitioners submit that out of the said Wakf properties, an area of 111.32 sq. meters is now in the possession of respondents 5 and 6 who are running a saw mill which is an unauthorised alienation. Petitioners have therefore W.P ( C) No.34857 of 2008 2 submitted Exhibit-P2 before the 1st respondent for conducting an enquiry as regards those Wakf properties. 3. This writ petition has been filed seeking a direction to the 1st respondent to conduct an enquiry on Exhibit-P2 and take appropriate decision. 4. Exhibit-P2 representation is maintainable before the 1st respondent under the provisions of the Wakf Act. In these circumstances, the writ petition is disposed of directing the first respondent to conduct an enquiry on Exhibit-P2 and take appropriate decision thereon, within six months from the date of receipt of a copy of this judgment after issuing notice to the Petitioners and respondents 2 to 7. (V.GIRI,JUDGE) ma W.P ( C) No.34857 of 2008 3 W.P ( C) No.34857 of 2008 4