IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 WP(C).No. 15508 of 2008(S) -------------------------- PETITIONER: ------------ P.M.SAIDALAVI, AGED 68 YEARS, S/O.P.M.MOOSAKKUTTY, RESIDING AT PATHIYARAKKALAM, KINAVELLOOR P.O. PARALI, PALAKKAD DISTRICT. BY ADVS. SRI.A.BALAGOPALAN SMT.KALA G.NAMBIAR RESPONDENTS: ------------- 1. NOORUL HUDA MAHALLU JUMA - ATH, PATHIYARAKKALAM, 2ND MILE, P.O.KINAVALLOOR, PALAKKAD - 678 615, REPRESENTED BY ITS SECRETARY/MUTHAVALLI. 2. P.M.MOHAMMEDKUTTY, AGED 65 YEARS, S/O.LATE P.M.MOOSAKKUTTY RAWTHER, PATHIYARAKKALAM HOUSE, KINAVALLOOR P.O., PARALI, PALAKKAD DISTRICT. 3. KERALA STATE WAKF BOARD, VIP ROAD, KALOOR, KOCHI-17, REPRESENTED BY CHIEF EXECUTIVE OFFICER. BY ADVS. SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD FOR R3 SRI.T.H.ABDUL AZEEZ FOR R1 SRI.P.CHANDRASEKHAR FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the plaint in W.O.S. No.63/2007. Ext.P2: True copy of the written statement filed by the petitioner in W.O.S. No.No.63/2007. Ext.P3: True copy of IA No.171/2008 supported by the affidavits of the petitioner and the counsel for the petitioner. RESPONDENTS' EXHIBITS: NIL KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- W.P.(C)NO.15508 OF 2008 ---------------------------------------------------------------- Dated this the 18th day of June, 2008 JUDGMENT Harun-Ul-Rashid, J. The writ petitioner is the first defendant in W.O.S. No.63 of 2007 on the file of the Wakf Tribunal, Ernakulam. The plaintiff/Noorul Huda Mahallu jama ath filed the suit seeking a decree for permanent prohibitory injunction restraining the petitioner and the second respondent herein from trespassing into the plaint schedule property and from committing waste and causing any obstruction or hindrance to measure out the plaint schedule property with the aid of the officials of the Survey Department. 2. The Wakf Tribunal posted the case for trial on 2.5.2008 by including the same in the special list. Since 2nd May, 2008 happened to be a hartal day, the matter was adjourned to 8.5.2008. The petitioner sought a week's time for collecting the copies of the documents produced by the plaintiff, but the Tribunal was not inclined to grant the adjournment sought for and posted the case to 9.5.2008. The grievance of the petitioner is that without considering his request, the Tribunal proceeded W.P.(C)NO.15508/2008 2 with the trial of the case. PW.1 was examined, Exts.A1 to A16 were marked, the evidence on the side of the plaintiff was closed and the case was posted to 12.5.2008 for defendants' evidence. It is submitted that by rejecting his request for adjournment, the petitioner was unable to avail of the opportunity to cross-examine PW.1 or to adduce evidence on his side. The petitioner, therefore, filed Ext.P3 application before the Tribunal to reopen the evidence and for permission to recall PW.1 for cross- examination and also to permit him to adduce further evidence. 3. In the facts and circumstances narrated above, we are of the view that an opportunity in the interest of justice shall be given to the first defendant/petitioner herein to contest the case on merits though we are not satisfied about the conduct of the petitioner in co-operating with the Tribunal, especially when the case was listed for trial in the special list. Ext.P3 application, therefore, stands allowed and the Tribunal is directed to reopen the evidence and afford an opportunity to the contesting defendants to substantiate their case by adducing evidence, if any. PW.1 shall be recalled. The above directions are issued on condition that the petitioner herein pays an amount of Rs.2,500/- as costs to the first respondent herein within a week from today. W.P.(C)NO.15508/2008 3 The Writ Petition is disposed of as above. The parties shall appear before the Wakf Tribunal, Ernakulam on 7.7.2008. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ W.P.(C)NO.15508/2008 4 KURIAN JOSEPH & HAURN-UL-RASHID, JJ. W.P.(C) NO. 15508/2008 JUDGMENT 18th June, 2008