IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 WP(C).No. 26608 of 2006(P) -------------------------- PETITIONER: ------------ ISSATHUL ISLAM SANGHAM, PALAKKODE, (REGN. NO. 221/87) PALAKKODE, POST CHATHANGOTTUPURAM, MALAPPURAM DISTRICT, REP. BY ITS SECRETARY V.M.ABDUL BASHEER, S/O.ABDULLA. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: ------------- 1. THE TAHSILDAR, NILAMBUR. 2. THE REVEVENUE DIVISIONAL OFFICER, PERINTHALMANNA. 3. THE SUPERINTENDENT OF POLICE, MALAPPURAM. 4. C.M.KUTTY MOULAVI, PUNNAPPALA, WANDOOR, MALAPPURAM DISTRICT. 5. M.T.AHAMMEDKUTTY, PUNNAPPALA, WANDOOR, MALAPPURAM DISTRICT. 6. M.T.KUNJALI, PUNNAPPALA, WANDOOR, MALAPPURAM DISTRICT. BY ADV. SRI.T.KRISHNAN UNNI (SR.) FOR R4TO6 SMT.SMITHA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.26608/2006 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE REGISTRATION CERTIFICATE ISSUED FROM THE OFFICE OF THE DISTRICT REGISTRAR AND REGISTRAR OF SOCIETIES, MALAPPURAM DATED 13/01/2004. P2 : COPY OF the LIST OF GOVERNING BODY MEMBERS WITH RESPECT TO THE PETITIONER'S SOCIETY BEFORE THE REGISTRAR OF SOCIETIES, MALAPPURAM DATED 03/02/2006. P3 : COPY OF THE COMMUNICATION ISSUED by the DISTRICT REGISTRAR, MALAPPURAM DATED 30/03/2006. P4 : COPY OF THE CERTIFICATE DATED 27/09/2006 ISSUED BY THE KERALA STATE WAKF BOARD, REGIONAL OFFICE, KOZHIKKODE. P5 : COPY OF THE REMINDER DATED 16/06/2006 ISSUED BY THE KERALA WAKF BOARD REGIONAL OFFICE, KOZHIKKODE. P6 : COPY OF THE RECEIPT ISSUED BY THE WAKF BOARD DATED 27/09/2006. P7A : COPY OF THE LAND TAX RECEIPT NO.B.6908480 DATED 20/05/2006. P7B : COPY OF THE LAND TAX RECEIPT NO.B.6908481 DATED 20/05/2006. P7C : COPY OF THE LAND TAX RECEIPT NO.B.6867285 DATED 20/05/2006. P8 : COPY OF the BYE-LAW WITH RESPECT TO THE PETITIONER'S SOCIETY. P9 : COPY OF THE NOTICE ISSUED by the TAHSILDAR, NILAMBUR IN THE PETITIONER'S PERSONAL NAME DATED 19/09/2006. P10 : COPY OF THE COMMUNICATION SENT BY THE TAHSILDAR, NILAMBUR TO THE PETITIONER'S SOCIETY DATED 26/09/2006. P11 : COPY OF THE REPLY GIVEN BY PETITIONER DATED 29/09/2006. RESPONDENT'S EXHIBITS R4(a) : COPY OF THE LIST SHOWING THE DETAILS OF THE MEMBERS OF THE GENERAL BODY OF THE SOCIETY AND THE AMOUNT COLLECTED FROM THEM FOR THE RENOVATION OF THE MOSQUE DATED NIL. R4(b) : COPY OF THE NEWS PAPER REPORT PUBLISHED IN MALAYALA MANORAMA. R4(c) : COPY FO THE NOTICE ISSUED BY THE SUB COLLECTOR, DATED 30/03/2001. WPC NO.26608/2006 R4(d) : COPY OF THE NOTICE ISSUED BY THE PRESIDENT OF THE SOCIETY, DATED 11/08/2004. R4(e) : COPY OF THE REPRESENTATION FILED BY 4TH RESPONDENT AND OTHERS DATED 25/08/2004. R4(f) :COPY OF THE NOTICE ISSUED BY SUB INSPECTOR OF POLICE WANDOOR, DATED 25/08/2004. R4(g) : COPY OF THE REPRESENTATION DATED 12/07/2006 SUBMITTED BY THE 4TH RESPONDENT AND OTHERS BEFORE THE REVENUE DIVISIONAL OFFICER, PERINTHALMANNA. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No. 26608 of 2006 --------------------------------- Dated, this the 26th day of June, 2008 J U D G M E N T The writ petition is pending in this Court for the last two years. No counter affidavit is filed by any of the respondents. On the face of it, I feel, the dispute can be raised before the Wakf Board, and if required, before the Wakf Tribunal. Since the dispute pertains to Management of a religious body, this writ petition is closed leaving freedom to petitioner to approach the Wakf Board or Civil Court for appropriate relief. However, if there is any law and order situation, Police will act on the petition filed by the concerned parties. (C.N.RAMACHANDRAN NAIR, JUDGE) jg