IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 WP(C).No. 3663 of 2010(G) ------------------------- PETITIONER(S): --------------- MAMMU, S/O.SEEDI, OBERLE HOUSE, BEKUR, KULANNOOR VILLAGE, KASARAGOD TALUK. BY ADV. SRI.P.K.MUHAMMED RESPONDENT(S): --------------- 1. IBRAHIM BAVA, PRESIDENT, BADRIYA JAMA-ATH COMMITTEE, OBERLE, BEKOORE, KASARAGOD TALUK. 2. YOUSUF, SECRETARY, BADRIYA JAMA-ATH COMMITTEE, OBERLE, BEKOORE, KASARAGOD TALUK. 3. THE KERALA WAKF BOARD, REP. BY THE CHIEF EXECUTIVE OFFICER, V.I.P.ROAD, NEAR INTER NATIONAL STADIUM, KALOOR, KOCHI-17. ADV. SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.3663/2010-G ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 4th day of February, 2010 J U D G M E N T The petitioner seeks for a direction to the Wakf Board to take a decision on Ext.P4 within a time frame. The petitioner claims to be a member and beneficiary of Badriya Jama-ath Mosque and its wakf properties. The Wakf is registered before the Kerala Wakf Board and its Registration Number is 4890/RA. The Jama-ath is having properties in various places. The complaint of the petitioner is that the Jama-ath is not maintaining proper accounts of income and expenditure. The annual returns have not been filed properly and the annual contribution due to the Wakf Board also have not been paid promptly. In the above circumstances, the petitioner has filed O.P.No.38/2003. When the above matter came up for hearing, the respondents agreed to prepare accounts and submit the same for verification before the Wakf Board. The petitioner also agreed to that course and the case was disposed of as per Ext.P3. 2. According to the petitioner, on verification of the accounts certain irregularities were noted and the first and second respondents were directed to pay additional amount. Thereafter, the first and second W.P.(C). No.3663/2010 -:2:- respondents are not accepting monthly contribution from the petitioner and also are not extending the services of the Jama-ath. The petitioner and his family members are treated as an out-caste. The monthly contribution sent by the petitioner's brother was also refused and the petitioner's brother was constrained to leave the parent Jama-ath and join another Jama-ath. In these circumstances, the petitioner has filed Ext.P4 O.P before the third respondent. 3. Heard the learned counsel for the Wakf Board. It is pointed out that the Wakf Board is having only one sitting in two months and, therefore, sufficient time will be required for disposal of the matter. 4. There will be a direction to the third respondent- Wakf Board to take a decision on Ext.P4 after issuing notice to the parties and after hearing them within a period of eight months. The petitioner will produce a copy of this Judgment along with a copy of the writ petition before the third respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms