IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 WP(C).No. 15637 of 2010(D) -------------------------- PETITIONER(S): --------------- VADAKKE MAHAL SAMSHERE THOUHEED ASSOCIATION, THONDANKULANGARA, AVALAKUNNU PO, ALAPPUZHA DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): --------------- 1. THE KERALA STATE WAKF BOARD V.I.P.ROAD, KALOOR, KOCHI 682 017, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 2. MR. V.K, PEER MOHAMMAD KHAN, ADVOCATE, INFANT JESUS BUILDING, HIGH COURT VIEW,ERNAKULAM. 3. MR. R.O.MOHAMMAD SHEMEEM, CHOOLACKAL BUILDING, CONVENT JUNCTION, NORTH END ,KOCHI. 4. K.ISMAIL KUNJU, S/O. LATE ALI KUNJU MUHAMMED, KATTUNKAL HOUSE, THONDANKULANAGARA. 5. A .M MUBARAK HAJI, S/O.T.MUSTHAFA HAJI BAITHU NOOR, THONDANKULANGARA, ALAPPUZHA DISTRICT 6. A.MOHAMMED BASHEER, S/O.ABDUL KHADER MUSALIAR, AMINA MANZIL, THATHAMPILLY PO ALAPPUZHA. 7. S R M AKBAR ,S/O.RAJA MOIDEEN, KASANPPULICHIRA, THONDANKULANGARA, ALAPPUZHA DISTRICT. 8. A M KOYA ,S/O.ALIKUNJU, "FAZILAS" THONDAKULANGARA, ALAPPUZHA DISTRICT. ADV.A.A.ABUL HASSAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 15637 of 2010 ================== Dated this the 27th day of May, 2010 J U D G M E N T This matter arises under the Wakf Act, 1995. The petitioner claims to be a Wakf represented by its president. In respect of the election to the Wakf, the petitioner has certain disputes. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i) Call for the records leading to Exhibit P4 and quash the same by issuing a writ of certiorari; ii) issue a writ of mandamus or any other writ order or direction directing the 1st Respondent to consider the question regarding validity of Exhibit P3 bye law, decide the objection, if any, to the membership register mentioned in Exhibit P1 and take decision thereon before proceeding with the election of the Executive Committee of the petitioner Wakf; iii) issue a writ of mandamus or any other writ order or direction directing the Respondent 1 to 3 not to give effect to the election if any held as reported in Exhibit P9;” I am of opinion that this is a matter which should more appropriately be raised by the petitioner before the Wakf Tribunal, which has jurisdiction to deal with the disputes of the nature raised in this writ petition. Therefore, without prejudice to that right, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2