IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 WP(C).No. 27294 of 2007(Y) --------------------------------------- PETITIONERS: --------------------- 1. PARAL JUMATH PALLI PARIPALANA COMMITTEE, REPRESENTED BY ITS SECRETARY, K.P.ABDUL KADER, CHEMBRA AMSOM, DESOM, MAHE MUNICIPALITY, MAHE. 2. K.P. MOIDU HAJEE, S/O. AMMOTTY, PRESIDENT, PARAL JUMATH PALLI PARIPALANA COMMITTEE, CHEMBRA AMSOM, DESOM, MAHE MUNICIPALITY, MAHE. BY ADVS. MR.M.A.MANHU, MR.M.A.FAYAZ. RESPONDENTS: ------------------------ 1. P.K. ABDUL KADER, S/O. MOHAMMED, NEW P.K. HOUSE, PARAL P.O., MAHE. 2. C.H. SULAIMAN, S/O. MOIDU, P.O. PARAL, MAHE. 3. K.C. YUSUFF, S/O. KUNHI MAMMOO, KODIYERI AMSOM, DESOM, TELLICHERRY TALUK, KODIYERI P.O. 4. P. NISSAR, S/O. UMMERKUTTY HAJEE, "MASKKAN", NAYIPADIPARAMBA, KODIYERI AMSOM,DESOM, P.O. KODIYERI, TELLICHERRY TALUK. 5. P.K. ASSOO, S/O. MOHAMMAD, APSARA, KODIYERI AMSOM,DESOM, P.O. KODIYERI, TELLICHERRY TALUK. 6. P.K. MOHAMMAD ANEEZ, S/O. IBRAHIM, CHEMBRA AMSOM, DESOM, MAHE MUNICIPALITY, MAHE. W.P.(C). NO.27294/2007-Y: 7. K.P. MOHAMMAD, S/O. EBRAHIM HAJEE, E.V. HOUSE, CHEMBRA AMSOM, DESOM, MAHE MUNICIPALITY, MAHE P.O. *8. K. HASSAN HAJEE, S/O. ABOOBACKER, KODIYERI AMSOM, DESOM, KODIYERI P.O.,TELLICHERRY. *THE NAME OF THE 8TH RESPONDENT IS CORRECTED AS “K.HAMZA HAJEE” VIDE ORDER DATED 28/11/07 ON I.A. 15580/07. 9. KERALA WAKF BOARD, REPRESENTED BY CHIEF EXECUTIVE OFFICER, KALOOR, ERNAKULAM, KOCHI-682 017. R1 TO R7 BY ADVS. MR.C.KHALID, MR.N.GOPINATHA PANICKER, MR.R.O.MUHAMED SHEMEEM, MR.T.P.SAJID, R9 BY ADV.MR.M.M.SAIDU MUHAMMED,SC,WAKF BOARD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.27294/2007-Y: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE OF REGISTRATION OF PARAL JUMATH PALLI PARIPALANA COMMITTEE. EXT.P.2: COPY OF THE BYE-LAWS AND RULES OF PARAL JUMATH PALLI PARIPALANA COMMITTEE. EXT.P.3: COPY OF THE ORDER OF THE WAKF BOARD DTD. 09/04/1977 IN PETITION NO. 10/1975. EXT.P.4: COPY OF THE PETITION IN O.P. NO. 131/2007 FILED BY RESPONDENTS 1 TO 7 BEFORE THE KERALA WAKF BOARD. EXT.P.5: COPY OF THE ORDER OF KERALA WAKF BOARD DTD. 25/08/2007 IN I.A. NO. 49/2007 IN O.P. NO. 131/2007. RESPONDENTS' EXHIBITS: EXT.R1: COPY OF THE REPORT SUBMITTED BY THE OFFICER BEFORE THE WAKF BOARD DTD. 25/04/2008. EXT.R2: COPY OF THE COMMISSION REPORT. //TRUE COPY// P.A. TO JUDGE. Prv. S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.27294 OF 2007 (Y) ----------------------------------- Dated this the 20th day of July, 2009 J U D G M E N T This writ petition is filed challenging an order passed by the Kerala State Waqf Board appointing an advocate commissioner to convene a general body of Paral Jumath Palli Paripalana Committee. At the time of hearing when the maintainability of the petition was seriously challenged, the learned counsel for the petitioners submitted that proceedings are even now pending before the Waqf Board and the impugned order relates only to the appointment of an advocate commissioner for convening a general body of the committee and so much so, without prejudice to their right to take whatever defences available before the Waqf Board, the proceedings in the petition may be closed. The learned counsel appearing for respondents 1 to 8 submitted that the advocate commissioner appointed by the court under the impugned order has already stopped his practice and gone W.P.(C).NO.27294 OF 2007 (Y) 2 abroad, and not available to comply with the order of the Waqf Board. If that be so, necessarily, the Waqf Board has to appoint another advocate commissioner to convene the general body of the committee. That question need not be gone into by this Court in the writ petition, where it is seen that the disputes raised do not arise for consideration before this Court. In the light of the submission made by the petitioner, this writ petition is closed reserving the right of the petitioners to espouse whatever objections they have in the pending proceedings before the Waqf Board. S.S.SATHEESACHANDRAN, JUDGE. bkn/-