IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 WP(C).No. 610 of 2009(V) ---------------------------------- PETITIONER(S): --------------------- 1. K.H.M.ISMAIL, AGED 67 YEARS, S/O.K.M.HASSAN BAVA RAWTHER, KALLAMPARAMBIL, CHANGANASSERY P.O, (FORMER PRESIDENT, PUTHRPALLI MUSLIM JAMA-ATH, CHANGANASSERY). 2. P.H.NASSAR, AGED 48 YEARS, S/O.HAMEED RAWTHER, PANCHAVATTI PUTHUPARAMBIL, CHANGANASSERY P.O, (FORMER VICE RPESIDENT, PUTHURPALLI MUSLIM JAMA-ATH, CHANGANASSERY). 3. T.P.ABDUL HAMEED, AGED 49 YEARS, S/O.M.H.PICHAKANNU RAWTHER, THAIKKOOTTATHIL, CHANGANASSERY P.O, (FORMER ACTING SECRETARY, PUTHURPALLI MUSLIM JAMA-ATH CHANGANASSERY). 4. P.K.ABDUL RAHIM, AGED 53 YEARS, S/O.P.S.KASSIM BAVA RAWTHER, PARAKKAVATTY, CHANGANASSERRY, (FORMER TREASURER, PUTHURPALLI MUSLIM JAMA-ATH, CHANGANASSERRY). BY ADV. SRI.ESM.KABEER RESPONDENT(S): ------------------------- 1. KERALA STATE WAKF BOARD, REPRESENTED BY CHIEF EXECUTIVE OFFICER, V.I.P.ROAD, KALOOR P.O, KOCHI-17. WPC NO.610/09 -2- 2. HAJI H.MUHAMMEDALI, AGED 78 YEARS, S/O.HASSAN KANI RAWTHER, KASTHURIPARAMBIL, MANIKANDAVAYAL, THRIKKODITHANAM P.O, (PRESIDENT PUTHURPALLI MUSLIM JAMA-ATH, CHANGANASSERRY). 3. P.A.SHAHUL HAMEED, AGED 53 YEARS, S/OP.H.ABDUL KASSIM, PETHANIPARAMBIL, PUZHAVATH, CHANGANASSERY (VICE PRESIDENT, PUTHURPALLI MUSLIM JAMA-ATH, CHANAGANASSERY) 4. HAJI P.S.MUHAMMED BASHEER, AGED 62 YEARS, S/O.P.K.SAIDUMUHAMMED RAWTHER, MEERASIPARAMBIL, (AASHIYANA NEAR MUNICIPAL OFFICE, CHANGANASSERRY), (SECRETARY, PUTHURPALLI MUSLIM JAMA-ATH, CHANAGANASSERY). 5. U.NAUSHAD, AGED 45 YEARS, S/O.UMMER KHAN RAWTHER, MPPOOARU VEETTIL, T.B.ROAD, CHANGANASSERY, (JOINT SECRETARY, PUTHURPALLI MUSLIM JAMA-ATH, CHANAGANASSERY). 6. P.B.ABDUL SALAM, AGED 45 YEARS, S/O.P.M.BAVA RAWTHER, PARAKKAVATTY, CHANGANASSERRY, (TREASURER, PUTHURPALLI MUSLIM JAMA-ATH, CHANGANASSERRY) SRI.M.M.SAIDU MUHAMMED THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 610 OF 2009 (V) ==================== Dated this the 6th day of January, 2009 J U D G M E N T Heard counsel for the petitioners and standing counsel for the Ist respondent. Petitioner submits that when respondents 2 to 6 proposed to convene an emergent General Body Meeting of the Wakf Board on 2/1/2009, they approached the Wakf Board by filing Ext.P4, in which Ext.P5 interim order has been passed. It is stated that immediately on coming to know of Ext.P5, Ext.P6 show cause notice has been issued by the 4th respondent calling upon the petitioners to show cause why legal action shall not be initiated against them. Aggrieved by Ext.P6, they have filed Ext.P7, an interlocutory application, in Ext.P4 proceedings before the Wakf Board, seeking stay of further proceedings pursuant to Ext.P6. It is stated that orders have not been passed and in the meanwhile, they are likely to be proceeded against as proposed. It is with that grievance the writ petition is filed. 2. As already noticed, petitioners have already moved the Wakf Board by filing Ext.P7 and in view of this, it is for the Wakf Board to consider Ext.P7 with notice to respondents in the application and pass WPC 610/09 :2 : appropriate orders thereon. Considering the grievance of the petitioner that if delay is caused, there is likelihood of the 4th respondent implementing Ext.P6, I direct the Wakf Board to pass orders on Ext.P7, as expeditiously as possible. Petitioner may produce a copy of this judgment before the Wakf Board to expedite the matter as directed above. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp