IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 OP (WAKF).No. 2257 of 2011(R) ------------------------------------------- AGAINST THE ORDER IN IA 129/2011 IN OS.13/2011 of WAKF TRIBUNAL, KOLLAM .................... PETITIONERS (S): ------------------------- 1. CHUNAKKARA VADAKKUNURUL ISLAM JAMA ATH, KOMALLOOR P.O., MAVELIKKARA TALUK, REPRESENTED BY ITS SECRETARY. 2. E.M.MUSTHAFA, AGED 59 YEARS, S/O.ISMAIL RAWTHER, SECRETARY, CHUNAKKARA VADAKKUNURUL ISLAM JAMA ATH, KOMALLOOR P.O., MAVELIKKARA TALUK. 3. H.SHOUKATH, AGED 49 YEARS, S/O.HASSANKUTTY RAWTHER, PRESIDENT, CHUNAKKARA VADAKKUNURUL ISLAM JAMA ATH, KOMALLOOR P.O., MAVELIKKARA TALUK. 4. A.HABEEB RAWTHER, AGED 62 YEARS, S/O.ADIMA RAWTHER, TREASURER, CHUNAKKARA VADAKKUNURUL ISLAM JAMA ATH, KOMALLOOR P.O., MAVELIKKARA TALUK. BY ADV. SRI.T.H.ABDUL AZEEZ RESPONDENT(S): ------------------------ 1. M.HANEEFA, AGED 60 YEARS, S/O.MINAPILLA RAWTHER, ARIYATTUVILA ASHARAF MANZIL, CHUNAKKARA SOUTH, CHARUMMOODU-690 505. 2. THE CHIEF EXECUTIVE OFFICER, KERALA STATE WAKF BOARD, ERNAKULAM, KOCHI-682 017. R2 BY STANDINC COUNSEL SRI.A.A.ABDUL HASSAN. THIS OP (WAKF) HAVING COME UP FOR ADMISSION ON 15/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(WAKF) NO.2257/2011: PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY OF THE ORDER DATED 4.6.2011 IN I.A.NO.129/2011 IN O.S.NO.13/11 OF THE WAKF TRIBUNAL, KOLLAM. EXT.P2.TRUE COPY OF SHOW CAUSE NOTICE DATED 19.3.2011. EXT.P3.TRUE COPY OF CHARGE MEMO AND SUSPENSION ORDER DATED 29.4.2011. EXT.P4.TRUE COPY OF IA NO.129/11 OS NO.13/11 OF THE WAKF TRIBUNAL, KOLLAM. EXT.P5.TRUE COPY OF THE COUNTER AFFIDAVIT FILED IN OS 13/2011 BY THE PETITIONERS HEREIN. EXT.P6.TRUE COPY OF PROCEEDINGS OF THE CHIEF EXECUTIVE OFFICER, KERALA STATE WAKF BOARD, ERNAKULAM DATED 26.8.2010. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ O.P.(Wakf) No.2257 of 2011-R ---------------------------------------------- Dated, this the 15th day of July, 2011 J U D G M E N T K.M.Joseph, J. This Original Petition is filed under Article 227 of the Constitution challenging Ext.P1. Ext.P1 is the order passed by the Wakf Tribunal, Kollam restraining the petitioners from causing any obstruction to the Ist respondent in participating the general body meeting of the Ist petitioner Jama-ath and from availing the benefits as a beneficiary of the Ist petitioner Jama-ath till the disposal of the suit. 2. Brief facts of the case are as follows: The Ist petitioner is Chunakkara Vadakk Nurul Islam Jama-ath and petitioners 2 to 4 are the office bearers of the Managing Committee of the Ist petitioner. The Ist respondent is a member of the Jama-ath. He was acting against the interest of the Jama-ath. First respondent filed O.P.No.126/2010 before the Wakf Board against the petitioners raising false allegations. The general body committee held on 6.3.2011 decided to issue a show cause notice to him. But, he did not give any explanation. The committee held on 29.11.2011 decided to issue a charge memo to him. He was suspended from 29.4.2011. True copy of the charge memo and suspension order is produced as Ext.P3. On receipt of Ext.P3, he OP WAKF 2257/2011 -2- rushed to the Wakf Tribunal, Kollam and filed O.S.No.13/2011 against the petitioners for declaration that the decision taken by the petitioners herein are illegal and for a prohibitory injunction restraining the petitioners from causing any obstruction to him in enjoying the benefits as a member of the Jama-ath and from participating the general body meeting. He also sought interim relief. 3. It is the contention of the Ist respondent that, so far no general body of the Jama-ath is convened by the office bearers. There is some dispute between the Jama-ath and neighboring property owners. There is an order passed by the Wakf Board which was extended. In spite of that the petitioners suspended the Ist respondent from the membership of the Jama-ath. The petitioners are in inimical terms with the Ist respondent for the reason that he questioned the maladministration and mismanagement of the Wakf property by the petitioners. The petitioners issued a show cause notice to the Ist respondent to which he filed reply. 4. According to the petitioners, the Ist respondent has not filed any explanation to the show cause notice. According to them, they are acting well within the powers. They have suspended him, therefore interim order should not have been granted. It is their case that by Ext.P1 order the petitioners' right to take disciplinary proceedings against the Ist respondent has been interfered with. OP WAKF 2257/2011 -3- Ext.P2 purports to be the show cause notice, Ext.P3 is the charge memo, Ext.P4 is I.A.No.129/2011 filed in O.S.No.13/2011 of the Wakf Tribunal. Ext.P5 is the counter affidavit filed in O.S.No.13/2011. Ext.P6 is the proceedings of the Wakf Board. 5. We must remind ourselves that this is a petition filed under Article 227 of the Constitution. A petition filed under Article 227 is not an appeal and there cannot be any question of re-hearing of the matter as in an appeal. In such circumstances, we would think that the petitioners have not made out any case for our interference with the order granting interim relief to the Ist respondent. The Original Petition fails, and it is dismissed. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS