IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 26TH NOVEMBER 2010 / 5TH AGRAHAYANA 1932 CRP.No. 629 of 2010() --------------------- AGAINST THE ORDER DATED 15/10/2010 IN OP 35/2010 IN OA.17/2010 of WAKF TRIBUNAL, KOZHIKODE .................... REVN. PETITIONER(S): PETITIONERS/PETITIONERS -------------------------------------------- 1. MUNEERUL ISLAM SANGHAM, REPRESENTED BY ITS PRESIDENT MUTTICHIRAKKAL ASSANKUTTY, S/O.KOYAKUTTY, MUTTICHIRAKKAL HOUSE, TRIKKULAM AMSOM AND DESOM, TIRURANGADI TALUK, MALAPPURAM DISTRICT. 2. MUNEERUL ISLAM SANGHAM, REPRESENTED BY ITS SECRETARY PULIKKALAKATH ABOOBACKER, S/O.KUNHIMUTTY, PULIKKALAKATH HOUSE, TRIKKULAM AMSOM AND DESOM, TIRURANGADI TALUK, MALAPPURAM DISTRICT. 3. MUTTICHIRAKKAL ASSANKUTTY, S/O.KOYAKUTTY MUTTICHIRAKKAL HOUSE, TRIKKULAM AMSOM AND DESOM, TIRURANGADI TALUK, MALAPPURAM DISTRICT. 4. PULIKKALAKATH ABOOBACKER, S/O.KUNHIMUTTY PULIKKALAKATH HOUSE, TRIKKULAM AMSOM AND DESOM, TIRURANGADI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.N.SUBRAMANIAM SRI.M.S.NARAYANAN RESPONDENT(S): RESPONDENTS -------------------------- 1. THE KERALA STATE WAKF BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, VIP ROAD, KALOOR, ERNAKULAM - 3. 2. M.ABDU RAZAK, S/O.ISMAIL KUTTY HAJI, MOOLATHIL HOUSE, ATHANIKKAL, TRIKKULAM AMSOM AND DESOM, TIRURANGADI TALUK, MALAPPURAM DISTRICT - 676 306. 3. V.P.MOHAMMED ALI, S/O.ITHELU, TRIKKULAM AMSOM AND DESOM, TIRURANGADI TALUK, MALAPPURAM DISTRICT - 676 306. 4. NEERATTUPARAMBIL BEERAN, S/O.MOIDEEN KUTTY, -DO- -DO- 5. A.HASSAN KUTTY HAJI, S/O.ABOOBACKER, -DO- -DO- 6. V.P.SAIDALAVI, S/O.MOIDEEN, -DO- -DO- 7. K.HAMZA, S/O.MARAKKAR, -DO- -DO- BY SRI.A.A.ABUL HASSAN, SC FOR WAKF BOARD. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 26/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & P.S.GOPINATHAN, JJ. ------------------------ C.R.P.No. 629 OF 2010 ------------------------ Dated this the 26th day of November, 2010 O R D E R Pius C.Kuriakose, J. Under challenge in this revision filed under Section 83(9) of the Wakf Act is the order of the Wakf Tribunal confirming the order passed by the Wakf Board directing its Chief Executive Officer to depute an officer of the Board to audit the accounts of the petitioner Sangham. 2. On this CRP coming up for admission, we have heard the submissions of Sri.M.S.Narayanan, learned counsel for the revision petitioner and also those of Sri.A.A.Abul Hassan, learned standing counsel for the Wakf Board. 3. Mr.Narayanan submitted that there was absolutely no warrant for the order passed by the Wakf Board. According to him, the petitioner Sangham is regularly submitting accounts CRP.No. 629/2010 2 before the Board and the Board is regularly auditing the accounts. The learned counsel submitted that it is accepting wanton allegations of mismanagement raised by the respondents 2 to 7, that the Board passed the order which was impugned before the Wakf Tribunal. If the order of the Board is allowed to stand, the same will amount to accepting those wanton allegations and that too without issuing notice to the petitioner Sangham. 4. Mr.Abul Hassan submitted that it is within the powers of the Board, that the Board insists on auditing the accounts of the petitioner Sangham. There cannot be any legitimate grievance about the order passed by the Board. 4. Having considered the rival submissions, we are of the view that the petitioner Sangham cannot legitimately challenge the order passed by the Board, under which the Board has only directed its Chief Executive Officer to depute an officer of the Board to audit the accounts and file a report on the basis of such audit. We confirm the order of the Board and the order of the Wakf Tribunal, clarifying that neither the order of the Board nor the order of the Tribunal will amount to accepting the CRP.No. 629/2010 3 allegations in I.A. No.47/2010 filed by the respondents 2 to 7 as correct. PIUS C.KURIAKOSE,JUDGE P.S.GOPINATHAN, JUDGE dpk