IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 WP(C).No. 25921 of 2008(J) ------------------------------------- PETITIONER: ----------------- M.K.ASHRAS, S/O.M.K.ISMAIL VELLEKKATTU HOUSE, PO.PULLIPARAMBU, CHELAMBRA MALAPPURAM DISTRICT. BY ADV. SRI.V.V.SURESH SMT.P.LAKSHMI SREE PUTHENPURACKAL RESPONDENTS: ----------------------- 1. KERALA STATE WAKF BOARD, REP. BY THE CHIEF EXECUTIVE OFFICER, KERALA STATE WAKF BOARD, VIP ROAD, KALOOR, KOCHI-17. 2. M.K.KUNHIMUTTY, S/O.MUHAMMED HAJI PULLIYALIL HOUSE, THE MANAGER, E.A.M.L.P SCHOOL, PO.PULLIPARAMB, VIA.CHELAMBRA, THIRURANGADI. ADV. SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ V. GIRI, J. ------------------------------- W.P.(C) No. 25921 of 2008 ------------------------------- Dated this the 18th September, 2008. J U D G M E N T Petitioner who claims to be an active participant in the activities of the Elammel Juma Ath Masjid, Chelambra, has approached this Court, seeking a direction to the first respondent, Wakf Board, to take action on the complaint made by him, as regards the encroachment of Wakf property, belonging to the afore mentioned Masjid. Wakf is not a party to the writ petition. Petitioner has adequate and efficacious remedies under the Wakf Act. 2. I have heard the learned Standing Counsel appearing for the Wakf Board also in this regard, who further affirms that the remedy of the petitioner, if at all, lies under the provisions of the Wakf Act. In the result, I do not think, this is a fit case to interfere under Article 226 of the Constitution of India. Hence, W.P.(C) No.25921 of 2008 2 the writ petition is dismissed, without prejudice to the right of the petitioner to move under the Wakf Act, if otherwise available and if otherwise advised. V. GIRI, JUDGE nj.