IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 WP(C).No. 11757 of 2009(R) -------------------------- OA.2/2008 of WAKF TRIBUNAL, KOLLAM .................... PETITIONER(S): ---------------- - - - - NOOR MUHAMMDIYA JAMA ATHU (WAKF BOARD REG.NO.4052/RA), THRICKOMALA, ETTICHUVAD, P.O.RANNI TALUK, PATHANAMTHITTA DIST. REPRESENTED BY ITS PRESIDENT M.M.MOHAMMED KHAN, AGED 40 YEARS, S/O.M.M.THAMPI, MELEVEETTIL, ETTICHUVAD P.O., RANNI TALUK. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): --------------- 1. THE KERALA STATE WAKF BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, OFFICE OF THE KERALA STATE WAKF BOARD, V.I.P. ROAD, KALOOR, KOCHI, PIN-682 017. 2. NOORUL-HUDA JAMA ATHU (WAKF BOARD REGN.NO.7513/RA) THRICKOMALA, ETTICHUVAD P.O., RANNI TALUK, PATHANAMTHITTA DIST. REPRESENTED BY ITS PRESIDENT P.E.SHAJIMON, PATHALUPURAYIDATHIL VEEDU, ETTICHUVAD P.O. ADV. SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) NO: 11757 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th Day of June, 2009. JUDGMENT Joseph J. Prayers in the Writ Petition are as follows: i). Issue a writ of mandamus or appropriate writ direction or order to stay the operation of the Ext.P5 order till a decision is taken by the Wakf Tribunal, Kollam on Ext. P8 & P9. ii). Issue a writ of Certiorari or appropriate writ direction or order to quash the Ext.P5 order and Ext.P4 petitions. iii). Issue a writ, order or direction to transfer the Ext.P8 & P9 pending before the Wakf Tribunal, Kollam Wakf Tribunal, Kochi. iv). Grand such other relief as this Hon'ble court deems fit and proper to grant in the facts and circumstances of the case. W.P. (C) NO: 11757 OF 2009 2. : 2 : It is stated that the members of the second respondent filed a petition before the first respondent, Kerala State Wakf Board and interim order was passed as Ext.P5. The petitioner has challenged the same by filing Ext.P8 and Ext.P9 in the interlocutory application before the Wakf Tribunal, Kollam. 3. Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the appellant, the Board. 4. When the petitioner approached this court earlier, by Ext.P7 Judgment, this court has declared to interfere with Ext.P5 order, taking the view that the impugned order was appeal able and it was interlocutory in nature. Board was directed to pass final orders within two months. Belatedly though, it is today reported by the counsel that order has been pronounced by the Wakf Tribual in the matter. No doubt the petitioner has preferred Ext.P8 appeal before the Tribunal. In W.P. (C) NO: 11757 OF 2009 : 3 : the light of the fact that order has already been passed, though belatedly pursuant to the Ext.P7 judgment. Though we feel that, it is for the petitioner to work out his remedies as available in the law, before the appropriate Forum as against order. We also make it clear to the petitioner that, if it is so open, as advised, to approach the Wakf Tribunal where Ext.P8 and Ext.P9 are pending to remove herein of the matter. Writ petition is disposed of. K.M.JOSEPH, JUDGE. M. L. JOSEPH FRANCIS, JUDGE. dl/