IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 10505 of 2009(G) -------------------------------------- PETITIONER(S): --------------------- THE SECRETARY, PUTHENPALLI JARAM MADRASSA AND HOSPITAL PARIPALANA COMMITTE, PERUMPADAPPA P.O., MALAPPURAM DISTRICT. BY ADV. SRI.NOUSHAD THOTTATHIL SRI.NOORJI NOUSHAD RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY, REVENUE (H) DEPARTMENT, GOVT. OF KERALA, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT. 3. THE TAHSILDAR, TALUK OFFICE, PONNANI, MALAPPURAM DISTRICT. 4. THE DEPUTY TAHSILDAR (REVENUE RECOVERY), TALUK OFFICE, PONNANI, MALAPPURAM DISTRICT. 5. THE VILLAGE OFFICER, VILLAGE OFFICE, PONNANI. 6. THE KERALA STATE WAKAF BOARD, V.I.P.ROAD, KALOOR P.O., ERNAKULAM, 682 017, REP. BY ITS CHIEF EXECUTIVE OFFICER. R1 TO R5 BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN. R6 BY STANDING COUNSEL SRI.M.M.SAIDU MUHAMMED. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. ------------------------------------------------------ W.P.(C) No. 10505 of 2009-G ---------------------------------------------- Dated, this the 7th day of April, 2009 J U D G M E N T The complaint of the petitioner is against demanding interest in respect of wakaf contribution arrears. 2. I heard learned counsel for the petitioner, Sri.M.M.Saidu Muhammed, learned standing counsel for the Wakaf Board and also learned Government Pleader. Learned counsel for the petitioner points out that the demand for interest is not justified. Learned standing counsel for the Wakaf Board submits that they are not claiming interest in respect of wakaf contribution arrears. Recovery steps have been taken for realising interest. Learned Government Pleader submits that the amount is claimed under Sec.6 and the entire amount collected will be made over to the Wakaf Board. It is further pointed out that the petitioner was asked to get request from the Wakaf Board to the effect that Wakaf Board is not demanding interest, by Ext.P8. But, it is not produced, it is submitted. Whatever that be, in view of the stand taken by the Wakaf Board before me, I feel that WPC No. 10505/2009 -2- petitioner is entitled to succeed. Petitioner cannot be called upon to pay interest. The writ petition is disposed of by declaring that the petitioner is not liable to pay the amount due on account of wakaf contribution interest as demanded. It is pointed out by the learned counsel for the petitioner that Rs.22,000/- has been collected by way of interest. In the light of the declaration which I have already given, there will be a further direction to the respondent that the amount collected by way of interest from the petitioner will be adjusted against the amounts which are due by way of arrears. (K.M.JOSEPH) JUDGE. MS