IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 WP(C).No. 18199 of 2010(Y) ------------------------------------- PETITIONER: ------------------- PAIPRA CENTRAL JUMA MASJID, MANARI P.O., MOOVATTUPUZHA P.O., ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.C.A.MAJEED SRI.K.H.ASIF RESPONDENTS: ------------------------- 1. KERALA STATE WAKF BOARD, V.I.P.ROAD, KALOOR, KOCHI-682017, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 2. DEPUTY TAHSILDAR (RR), TALUK OFFICE, MOOVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI. BIJOY CHANDRAN, GOVERNMENT PLEADER SRI. A.A.ABUL HASSAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. --------------------------------------------- W.P.(C). NO.18199 OF 2010 ---------------------------------------------- Dated this the 11th day of June, 2010. JUDGMENT The petitioner has approached this Court seeking for the following reliefs: (i) issue a writ of certiorari or any other writ, order or direction calling for the records leading to Ext.P1 to P5 and set aside Ext.P1 and P2 finding that the 1st respondent has no authority to issue those as 1st respondent is not rendering any service to the petitioner Juma Masjid; (ii) declare that, the 1st respondent has no authority to demand contribution from the petitioner under Section 72 of the Wakf Act as the petitioner's net annual income is far below the statutory amount fixed for paying contribution; (iii) declare that the proceedings initiated under Revenue Recovery Act pursuant to the issuance of Exts.P1 & P2 as illegal; (iv) pass such other writ, order or direction as prayed for by the petitioner in due course which shall be just and proper; 2. The learned standing counsel appearing for the 1st respondent submits that there is a statutory remedy as provided under Section 72 of the Wakf Act, 1995 and that petitioner has approached this Court without exhausting the W.P.(C). NO.18199 OF 2010 2 same. 3. Heard learned Government Pleader as well. 4. The learned counsel appearing for petitioner submits that the petitioner is constrained to approach this Court because of the coercive steps, as evident from Ext.P4 and P5 notices issued under the Revenue Recovery Act. The learned counsel also submits that petitioner is intending to pursue the statutory remedy, for which some breathing time may be provided. 5. After hearing both sides, this Court finds it fit and proper to permit the petitioner to avail the statutory remedy, if the same is pursued within two weeks from the date of receipt of copy of this judgment, on which event, the same shall be treated as proper and valid appeal and appropriate orders shall be passed by the 1st respondent Board in accordance with law, as expeditiously as possible, at any rate, within 6 weeks thereafter. It is made clear that, further coercive steps stated as being pursued against the petitioner, as evident from Ext.P3 and P4, shall be kept in W.P.(C). NO.18199 OF 2010 3 abeyance, till such time. The Writ Petition is disposed of accordingly. P.R.RAMACHANDRA MENON, JUDGE. mns