IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 WP(C).No. 9328 of 2011(M) ------------------------------------- PETITIONERS: --------------------- 1. S.V.P.POOKOYA, AGED 72 YEARS, S/O.SYED KOYA, RESIDING AT SHEIKINTE VEEDU PADIPPURA, ANDROTH ISLAND, LAKSHADWEEP. 2. S.V.SYED YOUSUF KOYA THANGAL, AGED 71 YEARS, S/O.KUNHIKOYA THANGAL, RESIDING AT SHEIKINTE VEEDU, ANDROTH ISLAND, LAKSHADWEEP ISLAND. 3. S.V.SYED MUHAMMED KOYA THANGAL, AGED 52 YEARS, S/O.ATTAKOYA THANGAL, RESIDING AT SHEIKINTE VEEDU, ANDROTH ISLAND, LAKSHADWEEP ISLAND. BY ADVS. SRI.T.SETHUMADHAVAN, SRI.P.A.HARISH. RESPONDENTS: ------------------------ 1. LAKSHADWEEP STATE WAKF BOARD, KAVARATTI, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER/SECRETARY, UNION TERRITORY OF LAKSHADWEEP, NEAR DISTRICT AND SESSIONS COURT, SANTHIPATH ROAD, KAVARATTI LAKSHADWEEP ISLAND - 682 553. 2. S.V.CHERIYAKOYA THANGAL, S/O.KOYAMMAKOYA THANGAL, RESIDING AT SHEIKINTE VEEDU, ANDROTH ISLAND, LAKSHADWEEP ISLAND – 682 551. 3. U.C.K.THANGAL, CHAIRMAN, LAKSHADWEEP STATE WAKF BOARD, KAVARATTI, UNION TERRITORY OF LAKSHADWEEP, NEAR DISTRICT AND SESSIONS COURT, SANTHIPATH ROAD, KAVARATTI LAKSHADWEEP ISLAND - 682 551. R1 BY SRI.S.RADHAKRISHNAN,S.C, R2 BY ADVS. SRI.SHYAM PADMAN, SRI.A.RANJITH NARAYANAN, SRI.S.K.SAJU, SMT.M.LISHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.9328/2011-M: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE ORDER OF THE R.1. DTD. 13/10/10. EXT.P.2: COPY OF THE AFFIDAVIT FILED BY THE PETITIONERS BEFORE THE ENQUIRY COMMISSION APPOINTED BY THE BOARD DTD. 07/03/11. EXT.P.3: COPY OF THE ORDER OF THE R.3. DTD. 07/03/11. EXT.P.4: COPY OF THE PROCEEDINGS OF THE R.3. DTD 09/03/11. RESPONDENT'S EXHIBITS:- EXT.R2.A: COPY OF THE APPLICATION DTD. 30/06/2009 SUBMITTED BEFORE THE R.1. EXT.R2.B: COPY OF THE APPLICATION IN W.C. NO.1/2010 DTD. 23/12/2009. EXT.R2.C: COPY OF THE PROCEEDINGS DTD. 22/05/2010 ISSUED BY THE CEO OF R.1 IN W.C. NO.1/2010. EXT.R2.D: COPY OF THE ORDER DTD. 31/07/2009 IN S.A. 698/1999. EXT.R2.E: COPY OF THE JUDGMENT DTD. 17/12/2009 IN S.A. NO. 698/1999. EXT.R2.F: COPY OF THE JUDGMENT DTD. 17/02/2010 IN W.P.(C).NO.1071/2010. EXT.R2.G: COPY OF THE JUDGMENT DTD. 02/03/2010 IN W.A. NO. 359/2010. EXT.R2.H: COPY OF THE ORDER DTD 09/04/2010 IN W.P.(C).NO.12353/2010. EXT.R2.I: COPY OF THE ORDER DTD 09/04/2010 IN W.P.(C).NO.12353/2010. EXT.R2.J: COPY OF THE JUDGMENT DTD. 25/05/2010 IN SAKF O.P 1/2010 OF THE WAKF TRIBUNAL, LAKSHADWEEP. EXT.R2.K: COPY OF THE ORDER DTD. 13/08/2010 IN CRP.NO.299/2010. EXT.R2.L: COPY OF THE JUDGMENT DTD. 27/10/2010 IN W.P.(C).NO.32703/2010. EXT.R2.M: COPY OF THE JUDGMENT DTD. 31/01/2011 IN W.P.(C).NO.1487/2011. //TRUE COPY// P.S. TO JUDGE Prv. ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 9328 OF 2011 ----------------------------------------------------- Dated this the 20th day of September, 2011 J U D G M E N T Heard the counsel for the petitioners, learned Standing Counsel for the first respondent and the counsel for the 2nd respondent. 2. The controversy in this writ petition is in relation to the proceedings in W.C.No.1/2010 on the file of the first respondent. The prayers sought in this writ petition read as follows. “(i) Issue a writ of mandamus or other appropriate writ or order directing the two member enquiry commission appointed by the 1st respondent to submit a report before the Board on the basis of the evidence collected and the arguments addressed before it. (ii) Issue a writ of mandamus or any other appropriate writ order or direction directing the Lakshadweep State Wakf Board to take a final decision in W.C.1/10 on the basis of the report filed by the enquiry commission and after hearing the parties on the report.” W.P.(C) No. 9328 OF 2011 :2 : 3. Exts.P1 and P3 proceedings show that in W.C.No.1/2010 to which the petitioners and the 2nd respondent are parties, the first respondent, Board appointed a committee consisting of two members including the 3rd respondent, to conduct a local inspection and ascertain the matters mentioned in Ext.P4. Ext.P3 proceedings also show the same thing. Both parties are in agreement that the Committee has not submitted its final report to the first respondent. Because of that reason, though the first respondent is stated to have heard arguments in W.C.No.1/2010, final orders have not been passed. While the petitioners seek a direction to the aforesaid committee to submit a report to the 1st respondent, the 2nd respondent is complaining of delay in passing final orders in the proceedings. 4. Taking note of the grievance of both sides, the writ petition is disposed of with the following directions: (1) That the Committee of which the 3rd respondent W.P.(C) No. 9328 OF 2011 :3 : also is a member, is directed to make its report pursuant to Ext.P1 as expeditiously as possible at any rate within three weeks from the date of receipt of a copy of this judgment. (2) It is also directed that once the report is made as above, the first respondent shall finalize the proceedings in W.C.No.1/2010 with notice to the parties concerned. This shall be done at any rate within 4 weeks thereafter. Needless to say that it will be open to the parties to seek copies of the report by making appropriate applications before the first respondent. ANTONY DOMINIC, JUDGE ul/-