IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 WP(C).No. 12927 of 2009(R) -------------------------- OS.24/2002 of WAKF TRIBUNAL, KOZHIKODE .................... PETITIONER(S): --------------------- K.P.SEBASTIAN, S/O.ULHANNAN POULOSE, AGED 40 YEARS, G.M.F.ASSOCIATES, NEAR BUS STAND, KANNUR ROAD, PERAMBRA, SHOP NO.1/906, MENHANIYAM AMSOM AND DESOM, KOYILANDY TALUK. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): ------------------------- 1. DARUSSALAM MADRASSA COMMITTEE, AYANCHERY (VADAKARA TALUK), A WAKF REGISTERED WITH THE REG.NO.6943, REP.BY AND ACTING THROUGH ITS FORMER PRESIDENT MUTHUVALLY MUPATTA MUHAMMED ALI HAJEE, S/O.KUNHABDULA HAJI, 53 YEARS, RAMATH HOUSE AYANCHERI AMSOM DESOM, VATAKARA TALUK. 2. PRESENT PRESIDENT/MUTHAVALLY PUTHIYOTHIL A.P.KUNHISEETHI THANGAL, S/O.MUTHUKOYA THANGAL, AGED 50 YEARS, PUTHIYOTHIL HOUSE, AYANCHERI AMSOM DESOM, VADAKARA TALUK. ADV. SRI.C.VALSALAN FOR R1 & R2 SRI.GHOSH YOHANNAN FOR R1 & R2 SRI.K.RAKESH ROSHAN FOR R1 & R2 SMT.THUSHARA.V FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.12927 OF 2009 R PETITIONER'S EXHIBITS: EXT.P1TRUE COPY OF THE JUDGMENT DATED 3.2.2009 IN CRP NO.222/2005 OF THIS HONOURABLE COURT. EXT.P2TRUE COPY OF THE ORDER IN C.R.P.NO.415/2003 DATED 15/6/2005 OF THIS HONOURABLE COURT. EXT.P3TRUE COPY OF THE MEMORANDUM OF R.P.NO.304/2009 FILED BY THE PETITIONER BEFORE THIS HONOURABLE COURT. EXT.P4TRUE COPY OF AFFIDAVIT IN SUPPORT OF E.A.24/2009 IN E.P.7/2005 IN OS.24/2002 OF WAKF TRIBUNAL, KOZHIKODE FILED BY THE PETITIONER. ANNEXURE A1 RUE COPY OF THE ORDER IN C.R.P.NO.415/2003 OF THIS HONOURABLE COURT. RESPONDENTS' EXHIBITS: NIL. // TRUE COPY// PS TO JUDGE K. M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. -------------------------------------- W.P.C. NO. 12927 OF 2009 R -------------------------------------- Dated this the 21st May, 2009 JUDGMENT K.M. Joseph, J. This Writ Petition is filed under Article 227 of the Constitution. The prayers are as follows: “(i) Call for the records leading to issuance of the order dismissing Ext.P4 application and direct the Wakf Tribunal, Kozhikode to issue certified copy of the Order in E.A. No.24/2009 in E.P.No.7/2005 in O.S. No.24/2002 to the petitioner forthwith. (ii) Direct the Wakf Tribunal, Kozhikode to keep in abeyance all further proceedings in E.P.7/2005 in O.S.24/2002 till the disposal of Review Petition No.304/2009 in CRP No.222/2005 by this Honourable Court.” 2. We heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. 3. The case of the petitioner is that the petitioner has WPC.12927/09 R 2 suffered an order at the hands of the Wakf Tribunal. Against the same, the petitioner preferred a Revision Petition. This Court in the Revision Petition placed reliance on Ext.A1 and found that the order of the Tribunal is only to be supported. Petitioner has filed an application seeking review. In the meantime, petitioner is faced with steps to execute the decision of the Wakf Tribunal, Kozhikode. Apparently, the petitioner had filed an application as E.A. No.24/09 in E.P.No.7/05 in OS No.24/02 to keep in abeyance the proceedings in the Execution Petition. That came to be rejected. 4. Having heard the learned counsel for the petitioner, we think that the request for copy of the Order in EA No.24/09 is to be allowed. We also take note of the fact that this Court has already passed an interim order to maintain statusquo, in view of the circumstances obtaining in this case. Learned counsel for the respondents points out that the petitioner is in arrears. 5. Having heard the parties, the Writ Petition is disposed of as follows: WPC.12927/09 R 3 There will be a direction to the Wakf Tribunal, Kozhikode to issue certified copy of the Order in E.A. No.24/09 in E.P. No.7/05 in OS no.24/02 to the petitioner within a period of one week from the date of receipt of a copy of this Judgment. The interim order passed by this Court will continue for a period of one month from today. This is subject to the condition that the petitioner will deposit the entire arrears as admitted by him within three weeks from today. Sd/= K. M. JOSEPH, JUDGE Sd/= M.L.JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge