IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932 CRP.No. 584 of 2006() --------------------- OS.11/2004 of WAKF TRIBUNAL, KOLLAM .................... REVN. PETITIONER(S): IST DEFENDANT ---------------------------------- BADARUDEEN, AGED 50, S/O.ALI UMMAR, PALAVILA VEEDU, VADAKKUMKARA CHERI, MAYYANADU VILLAGE. BY ADV. SRI.T.H.ABDUL AZEEZ SRI.T.B.HOOD RESPONDENT(S): PLAINTIFF & ADDL. 2ND DEFENDANT ---------------------------------------------- 1. THATTAMALA MUSLIM JAMA-ATH, THATTAMALA P.O., KOLLAM, REPRESENTED BY SECRETARY BADARUDEEN, AGED 43, S/O.MUHAMMED KUNJU, MUTTACKAL VEEDU, PINACKAL CHERRI, MAYYANADU VILLAGE. 2. SECRETARY, KERALA WAKF BOARD, PARAMARA ROAD, COCHIN, ERNAKULAM. ADV. SRI.P.R.VENKETESH FOR R1 SRI.A.RASHID FOR R1 SRI.P.A.ABDUL JABBAR, SC, WAKF BOARD FOR R2 SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD FOR R2 SRI.A.A.ABDUL HASSAN THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 15/11/2010, ALONG WITH CRP NO. 585 OF 2006 & CONNECTED CASES THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & P.S.GOPINATHAN, JJ. ------------------------ C.R.P.Nos.584,585/2006 & 75,205 of 2007 ------------------------ Dated this the 15th day of November, 2010 O R D E R Gopinathan, J. C.R.P.No.585/2006 was filed by the plaintiff in O.S.6/2004 on the file of the Wakf Tribunal, Kollam. C.R.P.205/2007 was filed by the defendants 1 and 2 and C.R.P.No.75/2007 was filed by the plaintiff in O.S. No.11/2004 on the file of the same Tribunal. C.R.P. No.584/2006 was filed by the 1st defendant. Under challenge in these revision petitions is the common judgment and decree dated 7/4/2006 in the above suits. 2. It is submitted by the learned counsel on either side that the matter in issue is covered by the decision of the Apex Court in Ramesh Gobindram v. Sugra Hummayum Mirza Wakf (2010 (3) KLT 862 (SC) against the plaintiffs. Hence, the judgment and decree under challenge are set aside. The suits before the Wakf Tribunal would stand dismissed as not maintainable with liberty to the plaintiffs to move the competent court, if so C.R.P..No.584/2006 & others 2 chose. No order as to costs. The Revision Petitions are disposed of accordingly. PIUS C.KURIAKOSE,JUDGE P.S.GOPINATHAN, JUDGE dpk