IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 31697 of 2008(W) -------------------------- PETITIONER: --------------- NOOR MUHAMMDIYA JAMA ATHU (WAKF BOARD REG.NO.4052/RA),THRICKOMALA, ETTICHUVAD P.O. RANNI TALUK, PATHANAMTHITTA DIST. REPRESENTED BY ITS PRESIDENT M.M.MOHAMMED KHAN, AGED 40 YEARS S/O.M.M.THAMPI, MELEVEETIL, ETTICHUVAD P.O. RANNI TALUK. BY ADV. SRI.V.SETHUNATH RESPONDENTS: -------------------- 1. THE KERALA STATE WAKF BOARD, BY ITS CHIEF EXECUTIVE OFFICER, OFFICE OF THE KERALA STATE WAKF BOARD, V.I.P.ROAD, KALOOR,KOCHI, PIN-682017. 2. NOOR UL - HUDA JAMA ATHU (WAKF BOARD REGN. NO.7513/RA) THRICKOMALA, ETTICHUVAD P.O. RANNI TALUK, PATHANAMTHITTA DIST.REP.BY ITS PRESIDENT P.E. SHAJIMON, PATHALUPURAYIDATHIL VEEDU, ETTICHUVAD P.O. ADV. SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.31697 of 2008 -------------------------- Dated this the 29th October, 2008 J U D G M E N T Petitioner challenges Exhibit-P5 order passed by the Chief Executive Officer of the Wakf Board, I am not inclined to consider the correctness of Exhibit-P5 for two reasons. Firstly, it is appealable in terms of the provisions of Wakf Act. Secondly, the order is interlocutory in character. It is open to the petitioner to appear before the Wakf Board and seek final disposal of I.A. 166/2008. It is made clear that if the petitioner makes a motion in this regard, the Wakf shall pass final orders on I.A No.116/2008 in O.P. No.84/2008, within two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (V.GIRI,JUDGE) ma 2 3