IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 CRP.No. 1281 of 2004(D) ---------------------- AGAINST THE ORDER DATED 27/05/2004 IN & OP.6/2001 IN AS.2/2001 of WAKF TRIBUNAL, KOZHIKODE .................... REVN. PETITIONER(S): 3RD RESPONDENT: ------------------------------------ K.V.CHEKKU HAJI, S/O.MOIDEEN KUTTY HAJI, ANAKKAYAM AMSOM, ERNAD TALUK, MALAPPURAM DISTRICT. PRESIDENT, PALLIYIL JUMA MASJID WAKF COMMITTEE. BY ADV. SRI.K.SHIBILI NAHA RESPONDENT(S): APPELLANTS 2 TO 8 RESPONDENTS 1 AND 2: ----------------------------------------------------- 1. KALATHIL MOHAMMED, S./O.MAMMAD, VALLILAPPOOZHIKKUNNU, KOOTTILANGADI VILLAGE, VALLIKKAPATTAN DESOM, MALAPPURAM DISTRICT. 2. FATHIMA, W/O.MAMMAD,(LATE) KALATHIL HOUSE, VALLIKKAPATTAM DESOM, KOOTTILANGADI VILLAGE, MANGADA, PATTIPPURAM, MALAPPURAM DISTRICT. 3. FATHIMA, D/O.MAMMAD (LATE), KALATHIL HOUSE, VALLIKKAPATTAM DESOM, KOOTTILANGADI VILLAGE, MANGADA, PATTIPPURAM. MALAPPURAM DISTRICT. 4. MOIDEEN, S/O.MAMMAD (LATE), KALATHIL HOUSE, VALLIKKAPATTAM DESOM, KOOTTILANGADI VILLAGE, MANGADA, PATTIPPURAM, MALAPPURAM DISTRICT. 5. SAFIYA, D/O.MAMMAD (LATE), KALATHIL HOUSE, VALLIKKAPPATTAM DESOM, KOOTTILANGADI VILLAGE, MANGADA, PATTIPPURAM, MALAPPURAM DIST. (...2) CRP.1281/04 2 6. KOYA, S/O. MAMMAD (LATE), KALATHIL HOUSE, VALLIKKAPATTAM DESOM, KOOTTILANGADI VILLAGE, MANGADA, PATTIPPURAM, MALAPPURAM DIST. 7. MAMMU, S/O. MAMMAD(LATE), KALATHIL HOUSE, VALLIKKAPATTAM DESOM, KOOTTILANGADI VILLAGE, MANGADA, PATTIPPURAM, MALAPPURAM DISTRICT. 8. THE DISTRICT COLLECTOR, MALAPPURAM. 9. THE KERALA WAKF BOARD REP. BY THE CHIEF EXECUTIVE OFFICER, HAVING ITS OFFICE AT PARAMARA ROAD, KOCHI 18. SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD FOR R9 SRI.RAJESH NAMBIAR FOR R1-7 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 02/06/2010, ALONG WITH CRP NO. 1351 OF 2004 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- C.R.P. Nos.1281 and 1351 of 2004 ---------------------------------- Dated this the 2nd day of June, 2010 O R D E R ------------- Pius C.Kuriakose,J. In these cases, separate joint statements are filed by the parties to the revisions except the Wakf Board. It is submitted by the respondents in the revisions that they have absolutely no objection in allowing the revision petitions as prayed for. It is also submitted that respondents 1 to 7 who are presently holding properties in question have expressed their willingness to surrender and handover possession of the property to the Wakf Committee. Today, when the petitions came up for hearing, it was submitted by the counsel for the parties that pursuant to the above settlement the properties in question have already been handed over to the Wakf Committee. The counsel requested that the compromise may be recorded and the CRPs be allowed setting aside the impugned common order of the Wakf Tribunal. Sri.A.A.Abul Hassan, learned Standing Counsel for Wakf Board submitted CRP.1281 & 1351/04 2 that the Wakf Board was not informed about the filing of the settlement statements. He sought for time to convey the information regarding filing of the settlement statements to the Wakf Board. 2. We do not find any reason to doubt the correctness of the submissions made before us by the counsel for the parties, Sri.K.Shibili Naha and Sri.Rajesh Nambiar that the properties in dispute have been surrendered and possession thereof has been handed over to the Wakf Committee. Under the above circumstances we are inclined to record the compromise statements filed in the two cases and allow the Civil Revision Petitions. Accordingly we record the settlement statements dt.25.3.2010 filed in the two CRPs and allow the CRPs setting aside the impugned common order passed by the Wakf Tribunal. It is for the Wakf Board to take requisite steps consequent on the situation that the properties in question have been handed over to the Wakf Committee. It is so directed. Both the CRPs are allowed. The petitioners in the CRPs are directed to file statement to the Wakf Board giving details of properties received by them back from the CRP.1281 & 1351/04 3 respondents in the CRP. Both the CRPs are allowed on the basis of the settlement statement filed in the cases. Parties are directed to suffer their respective costs. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb