IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 CRP.No. 197 of 2004(C) ---------------------- AGAINST THE ORDER DATED 10/02/2004 IN IA 13/2004 IN WOS.4/2004 of WAKF TRIBUNAL, ERNAKULAM .................... REVN. PETITIONER(S): RESPONDENTS: ------------------------- 1. BASHEER K. PARAYAIL, AGED 55 YEARS, S/O. HASSANKUNJU LABBA, PARAYIL HOUSE, POST NADAKKAL, ERATTUPETTA. 2. A.K. ABDUL KADAR, AGED 47 YEARS, S/O. KUNJUMOHAMMED METHAR, MES JUNCTION, ALUNTHARA, ERATUPETTA. 3. SADIQUE CHAPPI, AGED 35 YEARS, S/O. MUHAMMED KUTTY, PUTHIARAKKAL, MARAKKADU, ERATTUPETTA. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU RESPONDENT(S): --------------- 1. M.K. KABEER, AGED 37 YEARS, S/O. KUNJUMOIDEEN, NADAKKLA, ERATTUPETTA. 2. A.E.M. ASHRAF MAULAVI, AGED 42 YEARS, S/O. IBRAHIM HAJI, THEVARUPARA, NADAKKAL, ERATTUPETTA. 3. K.S. PAREEDKUNJU, AGED 39 YEARS, S/O. SAIDU MUHAMMED, KATTUTHAZHAM, ERATTUPETTA. 4. M.S. ABDUL KAREEM, AGED 54 YEARS, S/O. SAIDU MUHAMMED, MURIKKOLIL HOUSE, VADAKKEKKARA, ERATTUPETTA. 5. K.M. SHAHUL HAMEED, AGED 56 YEARS, S/O. MAKKAR, KUTTIMARAMPARAMBIL, POST ERATTUPETTA. CRP.No.197 of 2004 : 2 : 6. T.H. NAZAR, AGED 57 YEARS, S/O. HASSAN PILLAI, ANYAPARAMBIL, THEKKEKARA, ERATTUPETTA. ADV. SRI.P.A.ABDUL JABBAR, SC, WAKF BOARD FOR R7 SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD FOR R7 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 02/02/2009, ALONG WITH CRP NOS.313/2005 & 397/2005, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R.RAMAN & C.T.RAVIKUMAR, JJ. ------------------------------- C.R.P. Nos.197 of 2004, 313 & 395 OF 2005 ------------------------------- Dated this the 2nd February, 2009 O R D E R Raman, J. All these three matters arise out of the same judgment in W.O.S.No.4 of 2004, on the file of the Wakf Tribunal, Ernakulam. M.K.Kabeer and two others instituted the suit, W.O.S.No.4 of 2004, seeking for a declaration against the celebration of Chandanakudam festival in connection with the Makham Puthuppally of Skeik Fareed Valiyulla. I.A.No.13 of 2004 was filed seeking prohibitory injunction against conducting of the festival by defendants 1 to 3, their agents, supporters etc. I.A.No.25 of 2005 was also filed seeking prohibitory injunction restraining the additional defendants 7 and 8 from conducting the festival which was scheduled to be held from 28.1.2005. I.A.No.33 of 2005 was the yet another application filed by defendants 7 and 8 contending that the order of injunction was CRP.Nos.197/2004, 313 & 397/2005 2 obtained by playing fraud. According to them, Puthuppally is not a registered Wakf and no proceedings can be initiated against it. As the contentions raised by defendants 1 to 3 were identical, the above three applications were jointly heard and disposed of by a common order. I.A.No.13 of 2004 was allowed and the injunction already granted was made absolute. I.A.No.33 of 2005 was dismissed. I.A.No.25 of 2005 was also allowed and the injunction granted was made absolute. Against the order in I.A.No.13 of 2004, respondents-defendants have preferred C.R.P.No.197 of 2004; the petitioners in I.A.No.33 of 2005 have preferred C.R.P.No.313 of 2005; and respondents-defendants 4 and 5 in I.A.No.25 of 2005 have preferred C.R.P.No.397 of 2005. 2. When these cases came up for consideration, the learned counsel appearing on behalf of the petitioners in C.R.P.No.197 of 2004, submitted that the matter has become infructuous. Accordingly, C.R.P.No.197 of 2004 is dismissed as infructuous. CRP.Nos.197/2004, 313 & 397/2005 3 3. C.R.P.Nos.313 and 397 of 2005 are also filed against the interim orders passed. Chandanakudam festival during the relevant year in which the injunction was sought for is over. So, these Civil Revision Petitions have also become infructuous. The Wakf Tribunal will decide the issue arising in the suit, untrammelled by the observations contained in the interim orders passed, if they are still pending. P.R.RAMAN, JUDGE C.T.RAVIKUMAR, JUDGE. nj.