IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 WP(C).No. 36323 of 2008 -------------------------------- PETITIONER: --------------- MAHALLU MUSLIM JAMATH COMMITTEE, @ ATTEERI MAHALLU MUSLIM JAMATH COMMITTEE, ATTERI MAHAL JUMA MASJID, ATTEERI, P.O.PUTHUR, KOTTAKKAL, MALAPPURAM DISTRICT,REPRESENTED BY ITS SECRETARY K.P.HAMZA. BY ADV. SMT.M.SHAJNA RESPONDENTS: -------------------- 1. HYDROES MASTER, S/O. KUNHAMMUDER, PANJILI HOUSE, EADIRI, PUTHUR.P.O, MALAPPURAM DISTRICT. 2. THE KERALA STATE WAKF BOARD, VIP ROAD, KALOOR, KOCHI-682017. 3. THE CHIEF EXECUTIVE OFFICER, THE KERALA STATE WAKF BOARD, VIP ROAD, KALOOR, KOCHI-682017. 4. THE CHAIRMAN, THE KERALA STATE WAKF BOARD, VIP ROAD, KALOOR, KOCHI-682017. ADV. SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD FOR R2-4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.36323 of 2008 -------------------------- Dated this the 16th December, 2008 J U D G M E N T Petitioner claims to be managing the Atteri Mahal Juma Masjid, a registered Wakf. Certain complaints were raised by the 1st respondent regarding denial of his right of burial in the burial ground under the management of the petitioner. By Exhibit-P2 judgment, this Court required the 2nd respondent Board to dispose of the representation filed by the 1st respondent. Petitioner now complains that the Chief Executive Officer has purported to assume jurisdiction to decide the complaint and he has no authority to do so. Hence the writ petition. He further submits that the Chairman also has no jurisdiction to decide the dispute under Section 25 of the Wakf Act. 2. Learned standing counsel for the Wakf Board submits that the issue will be ultimately decided only by the Board and Chairman proposes to conduct an enquiry and will place his report before the Board which then W.P ( C) No.36323 of 2008 2 would hear the parties and take a decision thereon. Neither the Chairman nor the Chief Executive Officer will take a decision on the representation submitted by the 1st respondent and directed to be decided, pursuant to Exhibit-P2 judgment of this Court. Submission is recorded. The writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.36323 of 2008 3 W.P ( C) No.36323 of 2008 4