IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 WA.No. 1742 of 2011 --------------------- AGAINST THE JUDGEMENT IN WPC.30084/2011 Dated 11/11/2011 .................... APPELLANTS/PETITIONERS: ------------------------------ 1. S.V.P. POOKOYA, AGED 72 YEARS, S/O. SYED KOYA, REIDING 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 ADV. SRI.T.SETHUMADHAVAN SRI.P.A.HARISH RESPONDENTS/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-682553. 2. U. CHERIYAKOYA THANGAL, CHAIRMAN, LAKSHADWEEP STATE WAKF BOARD, KAVARATTI, NEAR DISTRICT AND SESSIONS COURT, SANTHIPATH ROAD, KAVARATTI, LAKSHADWEEP ISLAND-682551. 3. C.G. MOHAMMEDKOYA, MEMBER, LAKSHADWEEP STATE WAKF BOARD, KAVARATTI, NEAR DISTRICT AND SESSIONS COURT, SANTHIPATH ROAD, KAVARATTI, LAKSHADWEEP ISLAND-682553. R1 BY SRI.S. RADHAKRISHNAN, SC THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Manjula Chellur, Ag. C.J. & P.R.Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 1742 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of November, 2011 JUDGMENT Manjula Chellur, Ag. C.J. It is not in dispute that in pursuance of the earlier direction of this Court as per Ext.P3 came up in WC No.1 of 2010 before the Wakf Board. The present appellant, who was the writ petitioner, after taking part in the said proceedings, when the matter was at the final stage of disposal before the Board, came up with the present writ petition. 2. According to the appellants as per Ext.P8 the Board has already considered the report, therefore the observation of the learned Single Judge that Board is yet to take the report into consideration is erroneous. On perusal of Ext.P8, we find that except for the fact that a report being placed before the Board, nothing else is said about the so called report yet to be considered by the Wakf Board. According to the appellants, they were not given an opportunity to file objections to the said report pending W.A. No. 1742 of 2011 -:2:- consideration by the Wakf Board. We do not have any material to show that there was such a request on behalf of the appellants to file objections to the report. Even otherwise they are at liberty to seek such prayer before the Board and after disposal of the matter before the Board, if the appellants are aggrieved by the decision of the Board, they are always at liberty to challenge the same in a proper forum raising all contentions including the contention that their objections to the report were not received by the Board. With these observations, we dispose of the Writ Appeal. Manjula Chellur, Ag. Chief Justice. P.R.Ramachandra Menon, Judge. ttb