IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 WP(C).No. 12890 of 2008(S) ----------------------------------- OP.4/2008 of WAKF TRIBUNAL, KOZHIKODE .................... PETITIONERS: ----------------- 1. K.K.ABDULLA, S/O.K.K.MOIDU, BADOR NAGAR EDACHAKI P.O., UTHINOOR AMSOM DESOM, HOSDURG TALUK, KASARAGOD DISTRICT. 2. P.K.THAJUDHEEN, S/O.T.K.C.MUHAMMED, KUNHI HAJI, HAZEENA MANZIL, EDACHAKAI P.O., UTHINOOR AMSOM DESOM, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI. M. GOPIKRISHNAN NAMBIAR RESPONDENTS: ------------------- 1. KERALA STATE WAKF BOARD, V.I.P. ROAD, KALOOR, COCHIN - 17, REPRESENTED BY CHIEF EXECUTIVE OFFICER. 2. EDACHAKAI AZHEEKAL ISHADUL ISLAM, JAMA-ATH COMMITTEE, P.O.EDACHAKAI, VIA - TRIKARPUR, KASARAGOD DISTRICT, REPRESENTED BY ITS PRESIDENT. 3. YOOSUF, S/O.MAMMY T.K.P., ANAKAREN PUTHIYA PURAYIL (H), KAVARI P.O., PAYYANNUR, KANNUR DISTRICT. BY SRI. P.A. ABDUL JABBAR, SC, WAKF BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- W.P.(C).No. 12890 OF 2008 ---------------------------------------------- Dated this the 11th day of April, 2008. J U D G M E N T Kurian Joseph, J. This writ petition is filed with the following prayer: i) Issue a direction to the Wakf Tribunal, Kozhikode to consider and pass order on Exhibit P3 application submitted by the petitioners and to stay the confirmation of sale conducted by the 1st respondent in proceedings No.E4-5604/2006 dt. 12/2/2008 and 18/2/2008. Having heard the learned standing counsel appearing for the Wakf Board, we find that it is not necessary to issue notice to the other respondents, since in the nature of the order we propose to pass, no prejudice will be caused to those respondents. 2. The only prayer is for considering Exhibit P3 application before the sale is confirmed. Having regard to the averments in the writ petition, we are of the view that Exhibit P3 application for stay is to be considered by the Wakf Tribunal, Kozhikode before the Wakf Board confirms the sale. W.P.(C).12890/08 2 Accordingly, this writ petition is allowed in terms of the prayer as extracted above. The petitioners will furnish a copy of this judgment and the copy of the writ petition before the Wakf Tribunal and will serve a copy each on the respondents 2 and 3 immediately. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. smp