IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 R. P. No. 487 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.16850/2011 Dated 23/06/2011 .................... REVIEW PETITIONER : WRIT PETITIONER ------------------------------------------------------------ K.R.B.ISMAIL, S/O.A.MOOSA, AGED 59 YEARS, 'KIRUBOIGOTHI', BADA VILLAGE, MINICOY ISLAND, UT OF LAKSHADWEEP-682559. BY ADV. MR. SHYAM PADMAN MR. A.RANJITH NARAYANAN RESPONDENTS: --------------- 1. MASJID ADMINISTRATION AND SULLAMUSBIYAM MADRASSA COMMITTEE, JUMA MASJID, MINICOY ISLAND, UT OF LAKSHADWEEP-682559, REP. BY ITS PRESIDENT. 2. LAKSHADWEEP STATE WAKF BOADR, UNION TERRITORY OF LAKSHADWEEP, SHANTI PATH ROAD, KAVARATTI-682555, REP. BY ITS SECRETARY. 3. F.G.HUSSAIN MOULAVI, AGED 58 YEARS, S/O.ALIBEBEGE MOOSA, FENGENNAGOTHI, BODUATHIRI VILLAGE, MINICOY ISLAND, UT OF LAKSHADWEEP-682 559. BY STANDING COUNSEL MR. S. RADHAKRISHNAN THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 04/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ R.P No . 487 of 2011 in W.P(C) No. 16850 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 04th July , 2011 ORDER This Review Petition has been filed by the writ petitioner with a prayer to review the verdict passed by this Court on 23.06.2011 in W.P. (C) No. 16850 of 2011, whereby interference was declined, relegating the petitioner to avail the statutory remedy available, particularly, under Section 83 (9) of the Wakf Act. Many a ground has been raised in the review petition, but the fact that the petitioner is having alternate remedy is not disputed, in view of the statutory prescriptions. In the said circumstances, obviously there is “no error apparent on the face of the record”, so as to invoke the power of review, more so, in view of the law declared by the Apex Court on the point in Meera Bhanja Vs. Nirmala Kumar Choudhari (AIR 1995 SC 455). 2. However, it is pointed out in the review petition that, in order to avail the statutory remedy, the petitioner has to approach the Wakf Tribunal situated at Kavarathi and it is very much inconvenient for the petitioner to approach the Tribunal during the Monsoon season. The learned counsel for the review petitioner, relying on Regulation 22 of R P. (C) No. 487 of 2011 : 2 : the Lacadice Minicoy and Amindivi Islands (Civil Courts) Regulation, 1965, submits that, the Monsoon period i.e. up to 15th September has to be be excluded from the period of limitation and the statutory remedy can be availed only accordingly. 3. Heard the learned standing counsel appearing for the respondents as well. 4. Considering the facts and circumstances, the review petition is disposed of, sustaining the judgment already passed, however, making it clear that the 'status quo' with regard to the possession of the property in question shall be maintained for a period of 'three months', so as to enable the petitioner to avail the statutory remedy as above. Sd/ P. R. RAMACHANDRA MENON, JUDGE kmd