IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 WP(C).No. 31961 of 2009(M) -------------------------- PETITIONER(S): --------------- NELLIKKAPARAMBU JUMA-ATH PALLI COMMITTEE A COMMITTEE REGISTERED UNDER THE SOCIETIES REGISTRATION ACT, REP BY PRESIDENT P.P.KOYAMMU, S/O.KUNHNHAMMED, KARASSERRY PO,MUKKAM (VIA) KAKKAD AMSOM & DESOM,KOZHIKKODE TALUK & DISTRIC & SECRETARY,C.K.MOOSA,SHAMIRA MANZIL,PANNIKODE PO. BY ADV. SRI.N.SUBRAMANIAM SRI.M.S.NARAYANAN RESPONDENT(S): --------------- THE KERALA STATE WAKF BOARD, NEAR JAWAHARLAL NEHRU INTERNATIONAL STADIUM V.I.P ROAD, KALOOR, ERNAKULAM, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. ADV. SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ------------------- W.P.(C).31961/2009 -------------------- Dated this the 3rd day of December, 2009 JUDGMENT The petitioner is the Nellikkaparamba Juma-ath Palli Committee represented by its President and Secretary. One Puthiyottil Abdulkhader filed O.S.No.739 of 89 in the Munsiff's Court, Kozhikode, claiming that the Nellikkaparamba Juma-ath Palli is administered by the East Kakkad Nellikkaparambu Juma-Ath Palli Committee. While the suit was pending, the rival fractions entered into an understanding and entrusted the administration of Mosque to Sri.V.E.Moyin Haji who was appointed as the temporary Muthavalli. It appears that Sri.Moyin Haji in contravention of the terms and conditions of the entrustment registered the Nellikkaparamba Juma-ath Palli and its properties with the Kerala State Wakf Board under a different name namely “Noor Masjid”. The said application was made at a time when Sri.Moyin Haji was member of the Kerala State Wakf Board. When this fact came to the notice of the petitioner committee, the general body was convened on 12.12.2003 and a decision was taken to terminate the authority given to W.P.(C).31961/2009 2 Sri.Moyin Haji. Thereafter, the petitioner committee filed an application before the Kerala State Wakf Board to register the Nellikkaparamba Juma-Ath Palli Committee. The petitioner committee also filed O.P.No.2 of 2004 in the Wakf Tribunal, Kozhikode to set aside the order passed by the Kerala State Wakf Board on 10.6.1998 registering the Nellikkaparamba Juma-Ath Mosque and its properties as a Wakf under the name and style “Noor Masjid”. By judgment delivered on 4.6.2007, the Wakf Tribunal set aside the proceedings dated 10.6.1998 issued by the Kerala State Wakf Board and directed as follows:- “In the result, the petition is allowed setting aside the proceedings of the Wakf Board dated 10.6.1998 and remanded the matter to the Wakf Board for disposal of the application filed by the petitioners as well as the 2nd respondent after affording opportunities to both side for presenting their respective cases. In the circumstances, no cost.” 2. The grievance voiced by the petitioner is that though more than two years have passed after the Wakf Tribunal directed the Kerala State Wakf Board to consider and pass orders on the applications filed by the petitioner W.P.(C).31961/2009 3 committee as well as Sri.Moyin Haji, till date orders have not been passed thereon. In this writ petition, the petitioner prays for a direction to the Kerala State Wakf Board to pass orders in implementation of the directions issued by the Wakf Tribunal, within a time limit to be fixed by this Court. 3. Sri.M.M.Saidu Muhammed, the learned standing counsel appearing for the respondent submits that besides the two applications, many other applications including an application for framing a scheme for the administration of the Nellikkaparambu Juma-Ath Palli is pending before the Kerala State Wakf Board and that was the reason why till date orders could not be passed as directed by the Wakf Tribunal. He submits that before the end of July 2010, the Kerala State Wakf Board will pass orders in implementation of the directions issued by the Wakf Tribunal. 4. I have considered the submissions made at the Bar by the learned counsel appearing on both sides. As rightly pointed out by the learned counsel appearing for the Kerala State Wakf Board, the petitions filed by the petitioner and Sri.Moyin Haji cannot be disposed of without reference to the other applications pending in connection with the W.P.(C).31961/2009 4 administration of the Nellikkaparambu Juma-Ath Palli. It cannot therefore be said that the Kerala State Wakf Board did not act promptly in the disposal of the applications for registration submitted by the petitioner committee and Sri.Moyin Haji. However in view of the submission made by the learned standing counsel appearing for the Kerala State Wakf Board that the Wafk Board will pass orders in the matter before 31.7.2010, I dispose of this writ petition with a direction to the respondent to pass orders on the applications filed by the petitioner and Sri.Moyin Haji, as directed by the Wakf Tribunal in O.P.No.2 of 2004 expeditiously and in any event before 31.7.2010. P.N.RAVINDRAN, Judge mrcs