IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 WP(C).No. 5910 of 2011(K) --------------------------------------- PETITIONER(S): ----------------------- 1. P.V. ABDUL KHADER, S/O.LATE C.P.KUNHAHAMED, MALABAR HOUSE, EAST HILL, CALICUT-5. 2. P.V. KUNHIBI, W/O.LATE C.P. KUNHAHAMMED, BARAMI VALIYAKAM HOUSE, THANGALS ROAD, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENT(S): -------------------------- 1. THE CHIEF EXECUTIVE OFFICER, KERALA STATE WAKF BOARD, ERNAKULAM-682 017. 2. P.V. ABDULLA KOYA, S/O.C.P. KUNHAMMED, FLAT NO.9, SKYLINE, LIONS PARK, CALICUT-673 001. R1 BY ADV . MR.A.A. ABUL HASSAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.5910 OF 2011 -------------------------------- Dated this the 10th day of March 2011 JUDGMENT The petitioners are challenging Ext.P7 order passed by the first respondent Wakf Board, whereby the 1st petitioner has been virtually prevented from having access to his property having an extent of 9.25 cents situated just behind the Wakf property. 2. The learned counsel for the petitioners submits that the property in question is not a Wakf property and hence the challenge. 3. The learned standing counsel appearing for the first respondent submits that if the petitioners are aggrieved of Ext.P7 order, they have to approach the Wakf Tribunal. It is also brought to the notice of this Court by the learned counsel appearing for both the sides that the actual issue is pending consideration before the Wakf Tribunal (O.S No.9/2008) and that the present grievance can also be agitated before the Tribunal, so as to have a finality to the entire issue. 4. The learned counsel for the petitioners submits that the grievance of the petitioners is more with regard to the denial of the right of way by virtue of Ext.P7. W.P.(C) No.5910/2011 - 2 - 5. In the said circumstances, this Court finds that the petitioners could be relegated to avail the statutory remedy by approaching the Tribunal. Accordingly, the Writ Petition is disposed of, enabling the petitioner to pursue such remedy, however, making clear that the right of access to the petitioners shall not be interfered with in any manner, till the matter is finally adjudicated by the Tribunal. The petitioner may file necessary proceedings before the Tribunal, along with a copy of this judgment forthwith, for appropriate reliefs. Writ Petition is disposed of. vdv P.R.RAMACHANDRA MENON, JUDGE