IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 CRP.No. 402 of 2010 --------------------- IA 153/2010 IN WOS.17/2010 of WAKF TRIBUNAL, ERNAKULAM .................... REVN. PETITIONER(S): PETITIONERS/PLAINTIFFS ------------------------------------------- 1. S.M.HANEEFA, S/O.MUHAMMED KUTTY RAWTHER, AGED 66 YEARS, PUDUSSERY WEST VILLAGE, PALAKKAD. 2. M.KUNJUVAPPU, S/O.MUHAMMED RAWTHER, AGED 56 YEARS, KOYYAMARAKKATTIL, PALAKKAD TALUK, PUDUSSERY CENTRAL VILLAGE, PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): RESPONDENTS/DEFENDANTS ------------------------------------- 1. V.MUHAMMED, S/O.VEERAN RAWTHER, KOYYAMARAKKATTIL, PALAKKAD TALUK, PUDUSSERY CENTRAL VILLAGE, PALAKKAD - 678 007. 2. ABDUL LATHEEF, S/O.M.SULAIMAN SAHIB, KANCHIKODE VALLADIYIL, PALAKKAD TALUK 678 621. 3. A.JABBAR, S/O.ABDUL KHADER RAWTHER KOYYAMARAKKADU, MAYAPPALLATHIL, PALAKKAD TALUK 678 621. 4. BEERAN @ MUTHU, S/O.SOOPI RAWTHER, KANCHIKODE KANOTTIL, PALAKKAD TALUK 678 621. 5. S.ABOOBACKER, S/O.SULAIMAN, KANCHIKODE KANOTTIL, HASEENA MANZIL, PALAKKAD TALUK 678 621. 6. MUHAMMED RAFI, S/O.CHAND MUHAMMED, KAVUNKAL PARAMBIL, PUDUSSERY WEST VILLAGE, PALAKKAD TALUK 678 007. 7. H.ALI, S/O.HANEEFA, PARA ROAD, CRP.No. 402 of 2010 -2- PUDUSSERY CENTRAL VILLAGE, PALAKKAD TALUK 678 007. 8. ASSAN MUHAMMED, S/O.SAHIB RAWTHER, KANNODI, PUDUSSERY CENTRAL VILLAGE, PALAKKAD 678 007. 9. A.SHERIFF, S/O.ASSAN MUHAMMED, KOYYAMARAKKATTIL, PUDUSSERY CENTRAL VILLAGE, PALAKKAD TALUK 678 007. 10. ABDUL RAHIM, S/O.MUHAMMED KABEER, CHADAYAN KALAYIL, PUDUSSERY WEST VILLAGE, PALAKKAD TALUK 678 007. 11. KERALA STATE WAKF BOARD, KALOOR, COCHIN - 17. 12. ADV.MUHAMMED ALI, MATTAMTHADAM, RETURNING OFFICER, CHADAYANKALAYI MUSLIM JAMA ATH COMMITTEE OFFICE, R.S.ROAD, OTTAPALAM, PALAKKAD - 679 101. 13. CHADAYANKALAYI SUNNI JAMA ATH COMMITTEE, KANCHIKODE WEST P.O., PALAKKAD - 678 621. 14. CHADAYANKALAYI MUSLIM JAMA ATH COMMITTEE, PUDUSSERY AMSOM, PALAKKAD TALUK, PALAKKAD - 678 007. ADV. SRI.A.A.ABUL HASSAN, SC, WAKF BOARD FOR R-11 SRI.BABU KARUKAPADATH FOR R5-10 SMT.M.A.VAHEEDA BABU FOR R5-10 SRI.JAGAN GEORGE FOR R5-10 SRI.P.G.PRAMOD FOR R5-10 SRI.KANDAMPULLY RAHUL FOR R5-10 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 05/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ C.R.P. 402 of 2010 ------------------------------------------------------ Dated: AUGUST 5, 2010 ORDER Basheer, J. Petitioners have filed this Civil Revision Petition aggrieved by the refusal of the Wakf Tribunal, Ernakulam to postpone the election to Chadayankalai Muslim Jama-ath at Palakkad till such time the irregularities/mistakes in the voters' list are rectified. It appears that petitioners' names are not included in the list. 2. Heard learned counsel for the petitioner and learned standing counsel for the Wakf Board. We have also heard learned counsel who appears for respondent nos.5 to 10. 3. It is brought to our notice that an Advocate Commissioner was deputed by the Wakf Board to conduct election to the Chadayankalai Muslim Jama-ath at Palakkad which was scheduled to be held on August 1, 2010. But it is the admitted position that no election was held. Learned counsel for the Wakf Board submits that till date the Advocate Commissioner has not submitted any report regarding conduct of the election. Learned counsel who appears for respondent nos.5 to 10 also submits that no election had been held as proposed. CRP 402/2010 2 4. In that view of the matter, the grievance of the petitioners as projected in this revision petition need not be looked into. Similarly, the impugned order also has lost its significance. The C.R.P. is closed. 5. We make it clear that we have not considered the merits of any of the contentions raised by the petitioners. It will be open to the petitioners to pursue the remedy available to them in accordance with law, if situation so warrants at a later stage. A.K. BASHEER, JUDGE P.Q. BARKATH ALI, JUDGE mt/-