IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 WP(C).No. 17260 of 2010(F) -------------------------- PETITIONER(S): --------------- M.P.SHANAVAS @ NAWAS, AGED 42, S/O.MR.PAREED, RESIDING AT MANAKANDATHIL HOUSE, PERUMATTOM, PUTHUPADY P.O., ERNAKULAM DISTRICT. BY ADV. SRI.SHAJI CHIRAYATH SRI.T.S.RAJAN RESPONDENT(S): --------------- 1. PERUMATTOM MUSLIM JAMA-ATH, REPRESENTED BY ITS SECRETARY, PERUMATTOM, PUTHUPADY P.O., VELLURKUNNAM VILLAGE, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686691. 2. KERALA STATE WAKF BOARD, OFFICE OF THE KERALA STATE WAKF BOARD, VIP ROAD, KALLOOR, ERNAKULAM DISTRICT, PIN-682017 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 3. MUHAMMED HASHIM.A., ADVOCATE, RETURNING OFFICER, ELECTION FOR MANAGING COMMITTEE ALISON PLAZA, KALADY ROAD, PERUMBAVOOR, ERNAKULAM DISTRICT PIN-683542. 4. T.M.ALI, AGED 37, S/O.MR.KUNJU MUHAMMED, THAIKUDILY HOUSE, PERUMATTOM, PUTHUPADY P.O., VELLURKUNNAM VILLAGE, MUVATTUPUZHA, ERNAKULAM DISTRICT PIN-686691. 5. T.M.JALAUDHEEN, AGED 35, S/O.MR.MUSTHAFA THOPPIKUDY HOUSE, PERUMATTOM, PUTHUPADY P.O. VELLURKUNNAM VILLAGE, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686691. 6. JAMAL P.P., AGED 36, S/O.MR.PAREEKUTTY, VILAKKATH HOUSE, PERUMATTOM, PUTHUPADY P.O., VELLURKUNNAM VILLAGE, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686 691. 7. K.M.ASHRAF, AGED 40, S/O.MR.MUHAMMED LABBA, KUNNASSERY HOUSE, SECRETARY, PERUMATTOM MUSLIM JAMA-ATH, PERUMATTOM, PUTHUPADY P.O., VELLURKUNNAM VILLAGE, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686691. 8. K.M.KOCHUMUHAMMED, AGED 50, S/O.MR.MOIDEEN, PRESIDENT, PERUMATTOM MUSLIM JAMAATH, PERUMATTOM, PUTHUPADY P.O., VELLURKUNNAM VILLAGE, MUVATTUPUZHA, ERNAKULAM DISTRICT PIN-686691. ADV.A.A.ABUL HASSAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 17260 of 2010 ================== Dated this the 3rd day of June, 2010 J U D G M E N T The petitioner claims to be a member of the 1st respondent- Jama-ath, since 1988. Respondents 4 to 6 filed petition No.106/2008 before the 2nd respondent-Wakf Board, against the manging committee of the Jama-ath. By Ext.P2 order, the Wakf Board ordered a fresh election to the managing committee of the Wakf and appointed an advocate as returning officer. He has taken steps to conduct election, published election notification and finalised the voters' list. From the voters' list, a considerable number of members of the Jama-ath has been removed as ineligible, since they have not paid their dues to the Jama-ath. The petitioner primarily challenges Ext.P2 and also challenges the action of the returning officer in removing the members from the voters' list, seeking the following reliefs: “a) Issue an appropriate writ, direction or order in the nature of Certiorari quashing Exhibit P2 order passed by the 2nd Respondent. b) Consequently declare that the Managing Committee elected on 26th October 2008 by the Annual General Body of the 01st Respondent in consonance with the Exhibit P1. c) Or in the alternate issue an appropriate writ, direction or order in the nature of mandamus directing the Respondents 2 and 3 to conduct election for the Managing Committee of the 01st Respondent Jama-ath pursuant to Membership maintained by 01st Respondent as per clause 7of Exhibit P1 or as per Exhibit P5 voters list.” 2. The learned standing counsel for the 2nd respondent-Wakf w.p.c.17260/10 2 Board points out that Ext.P2 order dated 12.4.2010 has been passed as an agreed order, wherein both sides had agreed that a fresh election to the managing committee as per the bye-law can be conducted by a returning officer appointed for that purpose. The petitioner has filed this writ petition almost two months thereafter making unsustainable allegations against the Board and the returning officer, is his contention. He points out that the petitioner has not been able to point out any infirmity in any of the actions of the returning officer particularly in removing certain number of the members from the voters' list. According to him, even going by Ext.P7 filed by some of those members themselves, it is very clear that they were removed on valid grounds. He also points out that the petitioner has no case that his name has been removed from the voters' list. 3. I have considered the rival contentions in detail. 4. As rightly pointed out by the learned standing counsel for the 2nd respondent, Ext.P2 is an agreed order. If the petitioner had any grievance in respect of the same, he should have approached the Wakf Board. He did not. Instead, he waited till the returning officer took charge and initiated steps to conduct the election. He became aggrieved only when several members of Jama-ath were removed from the voters' list. None of those persons who have been removed has come forward with any complaint against their non-inclusion in the w.p.c.17260/10 3 voters' list. The petitioner has no case that he has been removed from the voters' list. Even otherwise, the petitioner has an alternate remedy by way of appeal before the Wakf Tribunal. For all the above reasons, I do not find any merit in this writ petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge