IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 WP(C).No. 38314 of 2008(J) -------------------------------------- PETITIONER: ------------------- P.ABDUL SAMAD, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER YOUSUF.A.P., AGED 42 YEARS, S/O.MAMMU T.K.P. THURHUTUMMAL, KAYYAVI, P.O KAVVAI, KANNUR DISTRICT. BY ADV. MR.M.V.AMARESAN. RESPONDENTS: ------------------------ 1. EDACHAKKAL AZHEEKAL IRSHADUL ISLAM JUMA ATH COMMITTEES, EDACHAKKAI, REPRESENTED BY ITS PRESIDENT P.O. EDACHAKKAI, KASARAGOD DISTRICT. 2. THE TAHSILDAR, TALIPARAMBA, KANNUR DISTRICT. 3. THE VILLAGE OFFICER, PAYYANUR 4. KERALA STATE WAKF BOARD, REPRESENTED BY ITS CHAIRMAN, ERNAKULAM. 5. PAYYANUR MUNCIPALITY, RERPESENTED BY ITS SECRETARY, PAYYANUR. R1 BY ADV. MR.A.DINESH RAO, R2 & R3 BY GOVERNMENT PLEADER MR. K. RAMESH, R4 BY MR.M.M.SAIDU MUHAMMED,SC,WAKF BOARD, R5 BY ADV. MR.M.SASINDRAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.38314/2008-J: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE AFFIDAVIT DTD. 17/10/06. EXT.P.2: COPY OF THE NOTIFICATION BEARING NO. E4-5604/06 DTD. 16/06/2007. EXT.P.3: COPY OF THE RECEIPT DTD. 18/02/2008. EXT.P.4: COPY OF THE COUNTER FILED BY THE R.4. BEFORE THE WAKF TRIBUNAL, KOZHIKODE DTD. 26/07/08. EXT.P.5: COPY OF THE STAY ORDER DTD. 16/05/08. EXT.P.6: COPY OF THE ENQUIRY NOTICE BEARING NO. C2-10356/08/81. EXT.P.7: COPY OF THE NOTICE DTD. 21/11/2008 ISSUED BY R.2. TO THE PETITIONER. RESPONDENTS' EXHIBITS: EXT.R1.A: COPY OF THE LETTER NO. E4.5604/2006 DTD. 17/09/2007. EXT.R1.B: COPY OF THE DECISION OF THE BOARD, LETTER NO. E4-5604/2008 DTD. 12/02/2006. EXT.R1.C: COPY OF THE ORDER DTD. 24/12/2008 ISSUED BY THE R.2. //TRUE COPY// P.S. TO JUDGE. Prv. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 38314 of 2008 - J ---------------------------------------- Dated 16th November, 2009 Judgment This writ petition is filed seeking the following reliefs: “1) To issue a writ of mandamus or any other appropriate writ or order directing the 2nd respondent not to pass final orders on the proceedings disclosed in Ext.P5. 2) To direct 3rd respondent not to collect tax from 1st respondent in respect of Ext.P2 property till O.P.4/08 pending before the Wakf Tribunal, Kozhikode is finally disposed of. 3) To further direct the 5th respondent not to change jenma of the building in favour of 1st respondent not to collect building tax from 1st respondent till O.P.No.4/08 pending before Wakf Tribunal, Kozhikode is finally disposed of. 4) To issue any other appropriate order or direction that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” 2. The pleadings disclose that a final order evidenced by Ext.R1 (c) has been passed on 24.12.2008 pursuant to Ext.P7 notice dated 21.11.2008 issued by the Tahsildar, Taliparamba. Therefore, the first relief sought has become infructuous. As regards the second relief, this Court has by order passed on W.P.(C) No.38314/2008 2 30.12.2008 permitted the petitioner to pay tax in respect of the property described in Ext.P2 sale notice subject to the conditions stipulated in Ext.R1 ( c) order. One of the conditions stipulated in Ext.R1 ( c) order is that payment of tax will be subject to the outcome of O.P.No.4 of 2008 pending before the Wakf Tribunal, Kozhikode. Certain other conditions are also stipulated in Ext.R1 ( c). In the light of the terms and conditions set out in Ext.R1 ( c), I am of the opinion that the interim order passed by this Court on 3.2.2009 should continue to operate subject to the decision of the Wakf Tribunal, Kozhikode in O.P.No.4 of 2008 to which the petitioner and first respondent herein are parties. Therefore, the second relief cannot be granted. 3. As regards the third prayer, the learned counsel appearing for the first respondent submits that the Wakf Tribunal, Kozhikode heard O.P.No.4 of 2008 and that it is posted for orders to 17.11.2009. In the light of the said submission, I dispose of this writ petition with a direction that the collection of tax from the first respondent and transfer of registry in favour of the first respondent will be subject to the W.P.(C) No.38314/2008 3 decision of the Wakf Tribunal, Kozhikode in O.P.No.4 of 2008. In other words, the rights of the parties will be governed by the decision of the Wakf Tribunal, Kozhikode in O.P.No.4 of 2008. P.N.RAVINDRAN Judge vaa