IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 WP(C).No. 28958 of 2009(R) -------------------------- PETITIONER: --------------- V.SHAHUL HAMEED,S/O.MEERA RAWTHER, PEERUVEEDU,PETTA,PATHANAMTHITTA VILLAGE, KOZHENCHERRY TALUK,PATHANAMTHITTA DISTRICT. BY ADV. SRI.K.RAVEENDRAN RESPONDENTS: --------------- 1. THE KERALA WAKF BOARD,ERNAKULAM. 2. THE WAKF TRIBUNAL,KOLLAM. 3. THE PATHANAMTHITTA MUSLIM JAMA-ATH, PATHANAMTHITTA VILLAGE,KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT, REP.BY THE PRESIDENT. 4. S.ABDUL AZEEZ, S/O.SHAIK MUHAMMED RAWTHER AZHOOR MURI, PATHANAMTHITTA VILLAGE, KOZHENCHERRY TALUK. 5. N.ABDUL KHADER, S/O.NAGOOR MEERA, MURIPPEL VEETTIL,VETTIPRAM MURI, PATHANAMTHITTA VILLAGE,KOZHENCHERRY TALUK. 6. THE ELECTION COMMISSION, PATHANAMTHITTA JUMA-ATH,PATHANAMTHITTA. R1 BY ADV. SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P.R. RAMACHANDRA MENON, JJ. ............................................................................... W.P.(C) No. 28958 OF 2009 ......................................................................... Dated this the 15th October, 2009 J U D G M E N T P.R. Raman, J: The petitioner is a member of Pathanamthitta Muslim Juma- ath. He has filed this Writ Petition seeking for a declaration that continuance of respondents Nos. 4 and 5 in the office of the Juma -ath as President and Secretary is illegal and irregular and for a further declaration that A.M. Salahuddin is the President of the Governing Body of the Pathanamthitta Muslim Juma-ath and also for other reliefs. According to him, respondent Nos. 4 and 5 have been removed from the office by the General Body on 01.03.2009 The petitioner has also filed a suit before the Wakf Tribunal, Kollam seeking for the same reliefs, as evidenced by Ext.P3 along with Ext.P4 Interlocutory Application seeking for prohibitory injunction. W.P.(C) No. 28958 OF 2009 2 2. Heard the learned Counsel for the petitioner and also the Standing Counsel for the Wakf Board. 3. In the view we are taking, it is not necessary to issue notice to the other side. Since the reliefs sought for is against Juma-ath Committee, a Writ Petition under Article 226 of the Constitution of India is not a proper course . Further, he has already invoked other remedy available to him by filing a suit, as evidenced by Ext. P3. 3. However, in the course of the argument, the learned Counsel for the petitioner submits that Ext. P4 application is pending consideration for the past two months and steps are being taken for conducting election. 4. It is noticed by this Court that though Ext. P3 is pending before the Wakf Tribunal, Kollam, Ext.P4 is seen preferred before the Wakf Tribunal, Ernakulam. It is stated that the same has been subsequently transferred to the Wakf Tribunal, Kollam, for which no evidence is produced. However, it is open to the petitioner to move the Wakf Tribunal, Kollam for similar reliefs, as prayed for in Ext. P4, by filing a separate application, in W.P.(C) No. 28958 OF 2009 3 which event, the Tribunal will consider the same and pass appropriate orders, in accordance with law, within a period of two weeks from the date of filing. Communicate a copy of the judgment to the Wakf Tribunals at Ernakulam and Kollam for information. P.R. RAMAN, JUDGE. P.R. RAMACHANDRA MENON, JUDGE. lk