IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 WP(C).No. 6759 of 2010(T) ------------------------- PETITIONER: -------------- N.C.ABDUL AZEEZ, AGED 53 YEARS, S/O.N.C.KOYAKUTTY, N.C.HOUSE, THIRUVANNUR NADA P.O KOZHIKODE. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.JAGAN GEORGE SRI.P.G.PRAMOD SRI.KANDAMPULLY RAHUL RESPONDENTS: ----------------- 1. KERALA STATE WAKF BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, VIP ROAD, KALOOR. 2. SENIOR SUPERINTENDENT, KERALA STATE WAKF BOARD, EROTH CENTRE, WAYANAD ROAD, KOZHIKODE. 3. ASST. EDUCATIONAL OFFICER, MUKKM, KOZHIKODE. 4. U.N.ABDUL SALAM, S/O.U.N.KUNJOYI HAJI, UPPUKANDATHIL HOUSE, KARASSERY P.O., KOZHIKODE. 5. DR.N.M.ABDUL MAJEED, S/O.N.M.MUHAMMAD HAJI, MELEPAT HOUSE, KARASSERY P.O., KOZHIKODE. R1 & R2 ADV. SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD R3 BY GOVT. PLEADER, SRI. M.A. ASIF. R5 BY ADV. SRI.JAMSHEED HAFIZ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 6759 of 2010(T) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE DOCUMENT NO.589/1956OF SRO CHATHAMANGALAM. EXT.P2 : TRUE COPY OF THE REPRESENTATION DATED 15.12.09 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P3 : TRUE COPY OF THE LETTER DATED 04.02.10 BY THE 2ND RESPONDENT IN THIS REGARD. EXT.P4 : TRUE COPY OF THE APPLICATIONS DATED 28.12.09. EXT.P4(A) : TRUE COPY OF THE APPLICATIONS DATED 28.12.09. EXT.P5 : TRUE COPY OF THE REPRESENTATION DATED 01.02.10 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. /TRUE COPY/ PS TO JUDGE T.R.Ramachandran Nair, J. ------------------------------------------ W.P.(C) No.6759 of 2010 ------------------------------------------ Dated this the 11th day of March, 2010 JUDGMENT Petitioner is the son of late Sri.N.C.Koyakutty Haji who has dedicated large extent of immovable properties as Wakf which is registered with the Kerala Wakf Board with Registration No.1108/RA and 1109/RA including Karassery Juma ath Mosque. 2. Ext.P1 is the document relied upon by the petitioner in this regard. There was a U.P.School also by name Izzathul Islam U.P.School. After N.C.Koyakutty Haji, his brother V.N.Kunjoyi Haji became the Manager/Muthavalli of the school. He continued till 1976. Thereafter, the half brother of the petitioner Sri.N.M.Muhammad Haji, the eldest son of Sri.N.C.Koyakutty Haji, became Manager/Muthavalli of the school. He continued till his death on 28.11.2009. In the W.P.(C) No.6759 of 2010 - 2 - meanwhile, the name of the school has been changed as Haji N.C.Koyakutty Smaraka U.P.School which was approved by the Deputy Director of Education. 3. The petitioner's case in the writ petition is that either one of the next children of late N.C.Koyakutty Haji who are Ummer, Assu and the petitioner in the order of their age, and willing to act as Manager should be appointed as Manager/Muthavalli. It is the case of the petitioner that the 5th respondent who is the son of deceased N.M.Muhammed Haji and one of the grandchildren of late N.C.Koyakutty Haji has made a claim for Manager/Muthavalli of the school to the second respondent. The 4th respondent who is the son of the brother of late N.C.Koyakutty Haji has made a claim for Manager/Muthavalli of the Wakf, whereas the 5th respondent is claiming as Manager of the school. Learned counsel for the 5th respondent submitted that the school does not form part of the W.P.(C) No.6759 of 2010 - 3 - Wakf property. 4. With regard to the appointment of Muthavalli, it is for the first respondent to take a decision in the matter after hearing all the parties. Therefore, there will be a direction to the first respondent to take a decision in the matter as expeditiously as possible after hearing all the parties. With regard to the appointment of Manager of the school also, the objection raised by the petitioner or any other person with regard to the claim of the 5th respondent will also be considered by the third respondent before approving the managership of the school. Writ petition is disposed of accordingly. T.R.Ramachandran Nair, Judge vns