IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 31ST AUGUST 2010 / 9TH BHADRA 1932 WP(C).No. 27099 of 2010(J) -------------------------------------- PETITIONER: ------------------- ABDUL NAZAR V.M., S/O.MUHAMMU, VADAKKEPURATH HOUSE, THIRUVATHRA, CHAVAKKAD. BY ADV. SRI.P.K.ABOOBACKER (EDAPPALLY). RESPONDENTS: ------------------------ 1. THE KERALA STATE WAKF BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, V.I.P.ROAD, KALOOR, ERNAKULAM. 2. THIRUVATHRA JUMMATH COMMITTEE, REPRESENTED BY ITS SECRETARY, THONDANKARAN SAIDALI, THIRUVATHRA, P.O.CHAVAKKAD TALUK, THRISSUR DISTRICT. 3. THE PRESIDENT, A.S.SAINUDHEEN HAJI, THIRUVATHRA JAMAATH COMMITTEE, THIRUVATHRA, P.O.CHAVAKKAD TALUK, THRISSUR DISTRICT. 4. NADATHI KUNJU MOHAMMED, PATRON, THIRUVATHRA JAMAATH COMMITTEE, THIRUVATHRA, P.O.CHAVAKKAD TALUK, THRISSUR DISTRICT. 5. THE C.I. OF POLICE, CHAVAKKAD. R1 BY SRI. ABUL HASSAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. ---------------------- W.P.(C) No. 27099 OF 2010 --------------------------- Dated this the 31st day of August, 2010 J U D G M E N T ~~~~~~~~~~~ The petitioner is a Mahal member of the 2nd respondent. In this Writ Petition, his grievance is mainly that respondents 2, 3 and 4 are making appointment of a Kazi, without authority. According to the Petitioner, the very continuance of the respondents is on the strength of Ext.P1 order passed in W.P.(C) No.19644/2009. It is contended that this Court allowed them to continue in office on a provisional basis and that therefore, they could not have made appointment of Kazi and that too without the permission of the Wakf Board and in violation of the statutory provisions. 2. In my view, if at all the petitioners are aggrieved, the remedy of the petitioner is to move the Wakf Tribunal or else seek modification of Ext.P1 oder, therefore, this Writ Petition seeking reliefs against Jumaath Committee and its officials unsustainable. Therefore, without prejudice to the contentions and leaving it open to the petitioner to move the appropriate forum, this Writ Petition is disposed of. (ANTONY DOMINIC, JUDGE) ps/2/09