IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 WP(C).No. 14465 of 2010(R) -------------------------------- PETITIONER(S): ----------------- IDIYANGARA PALLI PARIPALANA COMMITTEE, REPRESENTED BY ITS SECRETARY, P.T.ALIKOYA HAJI, AGED 65 YEARS, S/O. LATE MAMMED KOYA, PANNIYANKARA AMSOM, DESOM, KOZHIKKODE-3. BY ADV. SRI.ESM.KABEER RESPONDENT(S): ------------------- 1. K.V.FATHIMA, AGED 42 YEARS, D/O. LATE AS SAN KOYA, ZULFIKAR MANZIL, IDIYANGARA, PARAPPIL.P.O., NAGARAM AMSOM DESOM, KOZHIKKODE. 2. THE KERALA STATE WAKF BOARD, REPRESENTED BY THE CHIEF EXECUTIVE OFFICER, V.I.P.ROAD, KALOOR, KOCHI-17. ADV. SRI.A.A.ABUL HASSAN, SC, WAKF BOARD FOR R2 SRI.N.SUBRAMANIAM FOR R1 SRI.M.S.NARAYANAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS:- EXT.P1:- TRUE COPY OF the REGISTRATION CERTIFICATE ISSUED BY THE WAKF BOARD DATED 15/12/1965. EXT.P2:- TRUE COPY OF THE ORDER OF RECOVERY OF PROPERTY ISSUED BY THE 2ND RESPONDENT DATED 22/07/98. EXT.P3:- TRUE COPY OF the ORDER OF THE WAKF TRIBUNAL REMANDING THE CASE TO THE BOARD DATED 15/02/2010. EXT.P4:- TRUE COPY OF THE COMMISSION REPORT AND SKETCH DATED 14/12/2009. EXT.P5:- TRUE COPY OF THE PETITION FILED BEFORE THE 2ND RESPONDENT ON 20/01/10. EXT.P6:- TRUE COPY OF THE REPORT FILED BY THE WAKF INSPECTOR ON 05/04/10. EXT.P7:- TRUE COPY OF THE ORDER OF THE WAKF BOARD DATED 05/04/10. EXT.P8:- TRUE COPY OF THE ORDER OF THE WAKF TRIBUNAL DATED 22/04/10 IN I.A. NO.265/10 IN O.P. NO.14/2010. EXT.P9:- TRUE COPY OF THE STOP MEMO ISSUED BY THE TOWN PLANNING OFFICER DATED 27/01/10. EX.P10:- TRUE COPY OF THE INTIMATION ISSUED BY THE TOWN PLANNING OFFICER DATED 15/02/10. .................. PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.14465 of 2010 ------------------------------------------------ Dated this the 20th day of July, 2010 JUDGMENT Abdul Rehim, J The second respondent in O.P. No.14/10 before the Wakf Tribunal, Kozhikode is the petitioner in this Writ Petition, filed under Article 227 of the Constitution of India, seeking inter alia to quash the order in Ext.P8 wherein the Wakf Tribunal had stayed operation of Ext.P7 order issued by the Kerala State Wakf Board. 2. The matter pertains to encroachment and construction carried out on an alleged Wakf property. It is submitted that O.P.14/10 is pending disposal before the Wakf Tribunal, Kozhikode. Counsel appearing for the first W. P. C. No.14465 of 2010 -2- respondent, who is the petitioner before the Wakf Tribunal, submitted that the construction now stands completed and that she had started residing in the building along with her family. 3. Considering the factual situation, we are of the opinion that the Writ Petition can be disposed of directing the Wakf Tribunal for an early disposal of the matter. 4. In the result, the Writ Petition is disposed of directing the Wakf Tribunal, Kozhikode to take earnest efforts to dispose of O.P.14/10 at the earliest, at any rate within a period of three months from the date of receipt of a copy of this judgment. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-