IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 WP(C).No. 7514 of 2010(L) ------------------------- PETITIONER: --------------- THE SECRETARY, CHOOROTT JUMU-ATH PALLI MAHALLU COMMITTEE, P.O.KEEZHUPARAMB, MALAPPURAM-673 639, BY ITS PRESENT SECRETARY M.K.ABDUL LATHEEF, S/O.ABUBACKER. BY ADV. SRI.K.M.FIROZ SMT.M.SHAJNA RESPONDENTS: --------------- 1. THE CHIEF EXECUTIVE OFFICER, THE KERALA STATE WAKF BOARD, V.I.P.ROAD, NEAR INTERNATIONAL STADIUM, KALOOR, ERNAKULAM, KOCHI-17. 2. THE SENIOR SUPERINTENDENT, THE KERALA STATE WAKF BOARD, REGIONAL OFFICE, EROTH CENTRE, BANK ROAD, KOZHIKODE 673 001. 3. THE KERALA STATE WAKF BOARD, V.I.P.ROAD, NEAR INTERNATIONAL STADIUM, KALOOR, ERNAKULAM, KOCHI-17, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 4. SHOUKATHALI THAYYIL PATTAKKAL, S/O.KHAJA UMMER, AGED 35 YEARS, P.O. KEEZHUPARAMBA AMSOM DESOM, MALAPPURAM DISTRICT. GOVERNMENT PLEADER SHRI.K.RAMESH ADV. SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD FOR R1-3 SRI.M.KRISHNAKUMAR FOR R4 SMT.PRABHA R.MENON FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7514 of 2010(L) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1 : Communication of the first respondent dtd.18/5/2001. EXHIBIT P2 : Complaint dtd. 4/11/2009. EXHIBIT P3 : Proceedings bearing No.D6-1357/RA dtd.12/12/09 passed by the Chief Executive Officer of the Kerala State Wakf Board. EXHIBIT P4 : Relevant portion of postal cover. EXHIBIT P5 : Notice dt.25/11/2009 issued by the Senior Superintendent of Kerala State Wakf Board contained in Exhibit P4 postal cover. RESPONDENTS' EXHIBITS:- EXHIBIT R4-A : Complaint filed by the 4th respondent before the Wakf Board on 10/12/2009. EXHIBIT R4-B : Enquiry report dtd.15/12/2009 submitted by the Wakf Inspector. EXHIBIT R4-C : Letter from the Secretary of Keezhuparamba Grama Panchayat dtd.12/3/2010. True copy P.A. to Judge T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 7514 of 2010-L - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of April, 2010. JUDGMENT The petitioner is the Secretary of the Choorott Juma-ath Palli Mahallu Committee. The Committee manages the Palli and its properties as its Muthavally. It is a Wakf registered under the Wakf Act holding registration No.1357/RA. According to the petitioner, the Mosque is about 170 years old and it requires reconstruction. Accordingly, they approached the Kerala State Wakf Board by filing a petition dated 6.12.2000 requesting the Board to reconstruct the Mosque. 2. There were certain civil disputes and because of the interim order passed by the civil court with regard to the Muthavallyship, reconstruction could not be done within time. The challenge in the present writ petition is against Ext.P3 order passed by the Chief Executive Officer restraining the defendants from cutting and removing of any valuable trees, etc. from the wakf properties or making any reconstruction alterations to the mosque building therein without prior sanction from the Board. 3. Heard learned counsel for the respondents. Learned Standing Counsel for the Board submitted that the matter will be expedited and after wpc 7514/2010 2 hearing the petitioner and the fourth respondent a decision will be taken within a period of one month. 4. The 4th respondent has also filed a counter affidavit in the matter. 5.In the light of the factual scenario, there will be a direction to the first respondent to take a decision after hearing the petitioner and the 4th respondent, within a period of one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/