IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 WP(C).No. 8888 of 2008(G) ------------------------------------- OS.242/2006 OF MUNI-MAGI COURT, DEVICOLAM ............................................. PETITIONERS: -------------------- 1. P.M.PAREETH, AGED 47 YEARS S/O. MOIDHEEN, RESIDING AT PARANUVIL HOUSE ANAVIRALLY P.O., KOOMPANPARA KARA ANAVIRATTY VILLAGE, DEVIKULAM TALUK. 2. U.M. MEERAN, AGED 56 YEARS S/O. MOIDHEEN, UTHAVAN HOUSE KOOMPANPARA KARA,NEAR FOREST RANGE OFFICE,KOOMPANPARA VELLATHOVALL VILLAGE,DEVIKULAM TALUK. 3. ABOOBACKER, AGED 45 YEARS CHEMBANKUZHIYIL HOUSE, KOOMPANPARA KARA ANAVIRATTY VILLAGE, DEVIKULAM TALUK. BY ADV. SRI.C.KHALID SRI.N.GOPINATHA PANICKER SRI.R.O.MUHAMED SHEMEEM SRI.T.P.SAJID RESPONDENTS: ---------------------- S.A. MYTHEEN, AGED 43 YEARS S/O. ANTHRU, SASTHUKUDY HOUSE KOOMPANPARA KARA, VELLATHOVAL VILLAGE DEVIKULAM TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 8888 OF 2008 = = = = = = = = = = = = = = = Dated this the 17th day of March, 2008. J U D G M E N T This writ petition is preferred to direct the transfer of O.S.249/07 pending before the Munsiff Court, Devikulam to the Wakf Tribunal, Ernakulam or in the alternative to direct the disposal of Ext.P6 as expeditiously as possible. 2. Heard the learned counsel for the writ petitioner. Ext.P6 is an application with a prayer to dismiss the suit O.S.242/06 holding that the Munsiff Court has no jurisdiction in the light of the provisions of the Wakf Act. So the dispute centers around initially on the jurisdictional aspect of the Munsiff Court to consider the matter. It is a pure question of law that may have to be decided by the Court after hearing both sides. Order 14 Rule 2(2) CPC also enables the Court to hear the matter as a preliminary issue when it is a pure question of law. Therefore I direct the Court below to W.P.C 8888 OF 2008 -:2:- consider and pass orders on Ext.P6 application, i.e., IA.1274/07 in O.S.242/06 before the Court closes for summer holidays. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-