IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 WP(C).No. 7724 of 2008(T) ------------------------- PETITIONER: ------------ PAROL MAMMU, S/O. MAMMED, AGED 72 YEARS, OCCUPATION NIL, CROSS BUILDING, THAVAKKARA ROAD, KANNUR-670 001. BY ADV. SRI.C.K.SREEJITH RESPONDENTS: ------------- 1. CAMP BAZAR PALLI SABHA, KANNUR, REP. BY ITS GENERAL SECRETARY, C.H.ABDUL SATHAR, S/O. ERAMULLAN KUTTY, AGED ABOUT 51 YEARS, CAMP BAZAR, KANNUR-670 001. 2. KANNUR MUNICIPALITY, REP. BY ITS SECRETARY, KANNUR MUNICIPAL OFFICE, KANNUR-670 002. 3. P.P. HAMEED, S/O. LATE O.ABDURAHIMAN, AGED ABOUT 61 YEARS, OCCUPATION NIL, ALAMKANDY PUTHIYA PURAYIL HOUSE, NEAR THAYATHERU RAILWAY CUTTING, CHIRAKKALKULAM,KANNUR-670002. 4. SUTANA ADIRAJA SAINABA AYISHA MUTHU- BEEVI, ARAKKAL PALACE, KANNUR-670 003. 5. THANGAM SREEDHARAN, D/O.VENUGOPALAN, AGED 72 YEARS, D.K. HOUSE, PANNENPARA, CHALAD, KANNUR-670 014. 6. SABITHA RAMANI, D/O. VENUGOPALAN, AGED 71 YEARS, GURUKRIPA, THOTTADA, KANNUR. 7. GIRIJA SREEDHARAN, D/O.VENUGOPALAN, AGED 69 YEARS, A-22 DHARMAPURI HOUSING COLONY, NEAR S.N.COLLEGE, THOTTADA, KANNUR-670 007. 8. K. ASHOK, S/O. VENUGOPALAN, AGED 56 YEARS, "GURUKRIPA", THOTTADA, KANNUR-670 007. 9. M.K. RAJESH, S/O. BALAGANGADHAR, AGED 32 YEARS, HOUSE NO.2, SHIVAJI NAGAR, MELECHOVVA, KANNUR-670 006. 10. M.V. VANAJAKUMARI, W/O. DR.K.BALAGANGADHARA, AGED 64 YEARS, RESIDING AT HOUSE NO.2, SHIVAJI NAGAR, MELECHOVVA, KANNUR. 11. M.K. RAJESWARI, D/O.K.BALAGANGADHAR, AGED 37 YEARS, HOUSE NO.2, SHIVAJI NAGAR, MELECHOVVA, KANNUR-670 006. 12. THE KERALA STATE WAKF BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER, OFFICE OF THE WAKF BOARD, ERNAKULAM. BY ADV. SRI.P.A.ABDUL JABBAR, SC, MUNICIPALITY SRI. K.K. CHANDRAN PILLAI, SC, WAKF BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 7724 OF 2008 --------------------- Dated this the 6th day of March, 2008 JUDGMENT This writ petition is filed praying for a direction to the Subordinate Judge, Thalassery or the Munsiff, Kannur to number the suit, frame the issue and consider whether the plaint scheduled property is a Wakf property or not. 2. The plaintiff has filed the suit with a prayer to set aside the decree, which has been confirmed by the High Court. But when a decree is challenged on the ground of fraud, a suit will lie. The question whether there is an element of fraud or not is a matter to be considered in the suit. Similarly, regarding the jurisdictional aspect when the court is returning it on the ground that it has no jurisdiction ordinarily it is not correct for the court to further find that it will lie elsewhere in some other form. Therefore, I dispose of the writ petition giving liberty to the writ petitioner to file the suit before the concerned Munsiff court. Regarding the jurisdictional aspect of the Wakf Tribunal, that court may consider, if such pleas are raised and it really arises for determination. The observations made by the learned subordinate Judge in his order shall not stand in the way of considering the matter afresh. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps