IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 WP(C).No. 19003 of 2011(A) -------------------------- PETITIONER: --------------- THE SECRETARY, VAYALALAM MUSLIM JUMA-ATH, JUMA MASJID PARIPALENA COMMITTEE, P.O.TEMPLE GATE, THALASSERY. BY ADV. MR. V.E.ABDUL GAFOOR MR. A.MOHAMMED SAVAD RESPONDENTS: --------------- 1. KERALA STATE WAKF BOARD, REP. BY CHIEF EXECUTIVE WAKF BOARD BUILDING, DESABHIMANI, ERNAKULAM.-682017 2. SENIOR SUPERINTENDENT, REGIONAL OFFICE OF THE KERALA STATE WAKF BOARD, KOZHIKODE - 670 001. 3. THE TAHSILDAR, REVENUE RECOVERY, THALASSERY.-670101 4. THE VILLAGE OFFICER, KODIYERI, THALASSERY.-670101 MR. A.A.ABUL HASSAN SR. GOVERNMENT PLEADER MR.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19003 of 2011(A) APPENDIX --------------- PETITIONER'S EXHIBITS ---------------------------------- P1: TRUE COPY OF THE DEMAND NOTICE DATED 9.7.10 ISSUED BY 3RD RESPONDENT UNDER SECTION 7 AND 34 OF THE KERALA REVENUE RECOVERY ACT P2: TRUE COPY OF THE DEMAND NOTICE DATED 9.7.10 ISSUED BY 3RD RESPONDENT UNDER SECTION 7 AND 34 OF THE KERALA REVENUE RECOVERY ACT. P3: TRUE COPY OF THE SAID NOTICE DATED 5.10.2010. P4: TRUE COPY OF THE SAID NOTICE DATED 5.10.2010 P5: TRUE COPY OF THE APPEAL MEMORANDUM DATED 5.10.2010 RESPPONDENT'S EXHIBITS : NIL RKC //TRUE COPY// PA TO JUDGE S. SIRI JAGAN, J ================== W.P.(C).No. 19003 of 2011 ================== Dated this the 13th day of July, 2011 JUDGMENT The second respondent demanded Wakf dues from the petitioner for various years. Recovery proceedings were initiated for recovery of the same. The petitioner filed Ext. P5 appeal before the Wakf Board against the same. Petitioner seeks a direction to dispose of Ext.P5 appeal. 2. The standing counsel for the Wakf Board points out that the appeal has been filed out of time. 3. I have considered the rival contentions in detail. 4. Since the petitioner represents a mosque, I am inclined to direct the first respondent to consider Ext.P5 appeal condoning the delay in filing the same. But the petitioner has to necessarily pay 1/3rd of the amount demanded as provided under proviso to rule 86(5) of the Rules applicable. Accordingly, this writ petition is disposed of with the following directions:- The petitioner should pay 1/3rd of the amount demanded within one month. On payment of the same, the first respondent shall consider Ext.P5 appeal condoning the delay in filing the same, on merits, expeditiously. On payment of the 1/3rd of the amount, recovery proceedings for balance amount shall be kept W.P.(C).No. 19003 of 2011 -: 2 :- in abeyance till orders are passed on Ext.P5 appeal. If the petitioner fails to pay the 1/3rd amount, the petitioner is not entitled to the benefit of the this judgment as directed above and the first respondent shall proceed in accordance with the statute. S. SIRI JAGAN, JUDGE smvd W.P.(C).No. 19003 of 2011 -: 3 :-