IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 WP(C).No. 28179 of 2011(V) ------------------------------------ PETITIONER(S): ---------------------- P.K. MOOSA AGED 73 YEARS, S/O. KUNHABDULLA SECRETARY, PERINGATHUR JUMA – ATH PALLY MAHALLU JUMA - ATH, PERINGATHUR THALASSERY THALUK KANNUR DISTRICT. BY ADVS. SRI.C.KHALID SRI.N.GOPINATHA PANICKER SMT.P.VANDANA RESPONDENT(S): ------------------------ 1. SENIOR SUPERINTENDENT, KERALA STATE WAKF BOARD, REGIONAL OFFICE, KOZHIKODE – 673 001. 2. CHIEF EXECUTIVE OFFICER, KERALA STATE WAKF BOARD, KALOOR, ERNAKULAM – 682 017. R1 BY ADV.SRI.A.A.ABDUL HASSAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AV WPC.NO.28179/2011 APPENDIX PETITIONER'S EXHIBITS : P1 : COPY OF THE STATEMENT DATED 30.05.2010 FILED BEFORE THE WAKF BOARD, KOZHIKODE. P2 : COPY OF THE ORDER DATED 01.10.2010 OF THE 1ST RESPONDENT AS PER SECTION 72(1) OF THE WAKF ACT, 1995. P3 : COPY OF THE ORDER IN A.A.NO.10/2010 DATED 28.02.2011 BEFORE THE WAKF BOARD, KOZHIKODE. P4 : COPY OF THE ORDER IN O.A.NO.8/2011 DATED 27.06.2011 BEFORE THE WAKF TRIBUNAL, KOZHIKODE. P5 : COPY OF THE ORDER IN C.R.P.NO.378/2011 DATED 24.08.2011 BEFORE THE HON'BLE HIGHCOURT OF KERALA. P6 : COPY OF THE ORDER IN C.R.P.NO.378/2011 DATED 28.09.2011 BEFORE THE HON'BLE HIGH COURT OF KERALA. RESPONDENT'S EXHIBITS : NIL /TRUE COPY/ PA TO JUDGE AV ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 28179 OF 2011 ----------------------------------------------------- Dated this the 24th day of October, 2011 J U D G M E N T Heard the counsel for the petitioners and also the learned Standing Counsel appearing for respondents 1 and 2. 2. Petitioner is the Secretary of the Juma-ath Pally Mhallu Juma-ath. They are aggrieved by Exts.P2, P3 and P4 orders and the subject matter of the controversy is whether the petitioner is liable to pay contribution to the first respondent in respect of the donations received. 3. Ext.P2 is an order of assessment against which the petitioner filed appeal No.AA.No.10/2010. In terms of the provisions contained in Rule 86(5) of the Kerala Wakf Rules 1996, the petitioner was required to deposit 1/3 of assessed amount. This statutory requirement for entertaining the appeal was not complied with. Therefore the appeal was dismissed as per Ext.P3. They again made W.P.(C) No. 28179 OF 2011 :2 : an application u/s 83 of the Wakf Act before the Wakf Tribunal. That also was dismissed as per Ext.P4. It appears that against these orders the petitioner filed CRP 378/11 before this court. In view of the decision of this court in Thorayil Juma Masjid M.Committee v. Wakf Board (2007 (2) KLT 231) the CRP was not maintainable and therefore that was dismissed as withdrawn as per Ext.P6 order. It is thereafter that this writ petition is filed. 4. Deposit of 1/3 of the assessed amount is a statutory requirement for entertaining the appeal. That statutory requirement was not complied with and for that reason, the appeal was rightly dismissed. Therefore Exts.P3 or P4 orders are absolutely legal. At this stage, counsel for the petitioner submits that he is willing to comply with the statutory requirement and is seeking an order requiring the first respondent to consider AA10/10 on merits. W.P.(C) No. 28179 OF 2011 :3 : 5. According to the learned Standing Counsel for the respondents, having regard to the long lapse of time, petitioner should not be shown any indulgence. I have considered the submissions made. Since the petitioner is willing to comply with the statutory requirement, and as his appeal was dismissed on technical grounds, I think that the petitioner should be given an opportunity to contest the matter on merits. In that view of the matter I dispose of the writ petition with the following directions. 6. That subject to the petitioner depositing of 1/3 of the assessment amount due under Ext.P2, within one week from today, Exts.P3 and P4 will stand set aside and the Wakf Board will consider the appeal filed by the petitioner against Ext.P2 on merits with notice to the parties concerned. 7. If the petitioner remits the amount as above, until the appeal is decided afresh as ordered above, proceedings for recovery of the balance amount due under W.P.(C) No. 28179 OF 2011 :4 : Ext.P2 will also be kept in abeyance. The writ petition is disposed of as above. ANTONY DOMINIC, JUDGE ul/-