IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 WP(C).No. 35421 of 2007(S) -------------------------- PETITIONERS: ------------ 1. ABDUL RAHIM, S/O. MUHAMMED KUNJU, PALLIPADINJATTETHIL, KAMPILADI MURI, PORUVAZHY, SASTHAMCOTTA, KOLLAM. 2. JAFFER, S/O. MUHAMMED KUNJU, NEDIAYATHU, KAMPILADI MURI, PORUVAZHY, SASTHAMCOTTA, KOLLAM. 3. ABDUL LATHEEF, S/O. MUHAMMED KUNJU, KUTTIYIL HOUSE, KAMPILADI MURI, PORUVAZHY, SASTHAMCOTTA, KOLLAM. BY ADV. SRI.B.MOHANLAL RESPONDENTS: ------------- 1. SAINUDEENKUTTY M., NADAKAVINTE KIZHAKKETHIL, KAMPILADI MURI, PORUVAZHY, SASTHAMCOTTA, KOLLAM. 2. ASHRAF, KANJIRATHUM VADAKKATHIL, KAMPILADI MURI, PORUVAZHY, SASTHAMCOTTA, KOLLAM. 3. ABDUL SALAM, CHARINJAYATHU, KAMPILADI MURI, PORUVAZHY, SASTHAMCOTTA, KOLLAM. 4. HYDROSEKUTTY, THELUKUTTIYIL, KAMPILADI MURI, PORUVAZHY, SASTHAMCOTTA, KOLLAM. 5. ALIYARUKUTTY, CHARUVILA VEEDU, KAMPILADI MURI, PORUVAZHY, SASTHAMCOTTA, KOLLAM. 6. SRI. M.A.RASHEED, ADVOCATE, RETURNING OFFICER, PORUVAZHY MAYYATHUMKARA SHAFI MAHAL MUSLIM JAMA-ATH, COLLECTORATE, KOLLAM-13. 7. THE WAKF TRIBUNAL, KOLLAM. ADDL.R8.SRI. SHAJURUDDIN DAYEE, PRINCIPAL, PORUVAZHY MAYYATHUMKARA SHAFI MAHAL MUSLIM JAMA-ATH, PROUVAZHY P.O., KOLLM DISTRICT (ADDL. R8 IMPLEADED AS PER ORDER DATED 11..12.2007 IN W.P.(C) 35421/2007) ADDL.R9. SRI. I. BASHEERKUTTY, ADVOCATE, SASTHAMCOTTA, (ADMINISTRATOR, PORUVAZHY MAYYATHUMKARA SHAFI MAHAL MUSLIM JAMA-ATH, REG.NO. 456/97) (ADDL. R9 IMPLEADED AS PER ORDER DATED 18.1.2008 IN I.A. NO.16687 OF 2007) BY ADVS. SRI.K.B.PRADEEP SRI.P.B.SURESH KUMAR SRI.K.HARILAL SRI.R.GOPAN SRI. P. SHAMSUDIN -ADDL.R8 SRI. B. MOHAN LAL -ADDL.R9 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: Ext.P1: The True copy of the judgment dated 10.08.2007 in W.P.(C) No.14073/2007 of this Hon'ble Court. Ext.P2: The true copy of the names and details of the elected members of the committee. Ext.P3: The true copy of the relevant pages of bye law of Poruvazhy Mayyathumkara Shafi Mahal Muslim Jama-Ath Reg.No. 456/1997. Ext.P4: The true copy of the Notice published in the office board of the Jama-Ath Committee. RESPONDENTS' EXHIBITS” Ext.R6(a): True copy of the pages in a note book showing signatures of the persons. Ext.R6(b): True copy of the paper publication appeared in Madhyamam daily on 21.11.07. Ext.R6(c): True copy of the proceedings of the election conducted on 22.11.07. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- W.P.(C) NO. 35421 OF 2007 ---------------------------------------------------------------- Dated this the 18th day of January, 2008 JUDGMENT Kurian Joseph, J. This Writ Petition is filed challenging the proceedings for election of office bearers to Poruvazhy Mayyathumkara Shafi Mahal Muslim Jama- Ath. It is seen that the petitioners approached this Court after the election was conducted and after the elected members joined for a meeting duly convened for the purpose. The contention was that many of the elected members had not been served with notice. It has come out that 30 out of the 35 elected members participated in the election. The fact that 30 persons participated was suppressed in the Writ Petition. In view of the contention that many of the elected members had not participated in the election, this Court passed an interim order on 29.11.2007 restraining the elected members from assuming office. That order was vacated when the actual facts were not brought to the notice of this Court by order dated 11.12.2007. In view of the conduct of the petitioners, as observed above, this Court issued notice to show cause why action for contempt of court W.P.(C)NO.35421/2007 2 should not be taken against them for interfering with due course of justice. 2. The second and third petitioners are present before this Court. Learned counsel appearing for the petitioners submits that the first petitioner left India, the second petitioner is a daily wage worker and the third petitioner is a Moulavi. From a person like the third petitioner, what the society expects is to act as model to the community and to the society. The second and third petitioners who are present before this Court have tendered an unconditional apology in the affidavit. They have also tendered an open apology before this Court. It is submitted that they will not in future engage in such litigations. It is further submitted that they do not want to pursue the litigation before the Wakf Tribunal also. We find from the affidavit and also from the conduct of petitioners 2 and 3 before this Court that there is genuine contrition on their part. Hence, we accept the apology and drop further proceedings on contempt. 3. The 6th respondent is the Returning Officer. It is submitted that the expenses for defending the litigation has been availed from the funds of the Mahal. Therefore, it is only proper that the petitioners bear the expenses borne by the 6th respondent. W.P.(C)NO.35421/2007 3 The Writ Petition is hence dismissed with costs to the tune of Rs.5,000/- which the petitioners shall pay to the Mahal within two weeks from today. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ W.P.(C)NO.35421/2007 4 KURAIN JOSEPH & HAURN-UL-RASHID, J.J L.A.A. .NO JUDGMENT 18th JANUARY, 2008