IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 WP(C).No. 22340 of 2009(J) -------------------------- PETITIONER: ------------------ BASHEER RAUTHER, AGED 51 YEARS, S/O.IBRAHIM BUNGALAVU VILLA, KAMBALADI, PORUVAZHY, KOLLAM, PRESIDENT, PORUVAZHY MAYYATHUMKARA HANAFI JAMA-ATH, PALLIMURI, PORUVAZHI VILLAGE, KUNNATHOOR TALUK, AMBALATHUMBHAGOM P.O., KOLLAM-690 520. BY ADV. MR. T.O.XAVIER RESPONDENTS: --------------------- 1. PORUVAZHY MAYYATHUMKARA SHAFI JAMA-ATH, PORUVAZHI VILLAGE, PALLIMURI, SOORANAD P.O., KUNNATHOOR TALUK, KOLLAM-690522. 2. REPRESENTING THE ABOVE JAMA-ATH PRESENT PRESIDENT K.SUBAIRKUNJU, AGED 53. 3. REPRESENTING THE ABOVE JAMA-ATH PRESENT SECRETARY S.HUZAIN, AGED 33. 4. SECRETARY, WAKF BOARD, ERNAKULAM. 5. VILLAGE OFFICER,PORUVAZHI, KOLLAM DISTRICT. 6. STATE OF KERALA, GOVERNMENT SECRETARY, THIRUVANANTHAPURAM, REPRESENTED BY CHIEF SECRETARY R4 BY MR. M.M.SAIDU MUHAMMED,SC,WAKF BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkms/ V.GIRI,J. ------------------------- W.P ( C) No. 22340 of 2009 -------------------------- Dated this the 13th August,2009 J U D G M E N T Petitioner is the President of Poruvazhy Mayyathumkara Hanifa Muslim Jama–ath. Respondents 1 to 3 and the petitioner have allegedly co-operated in the administration of mosque which is common to Hanafees and Shafees. A dispute as regards the property which had been dedicated had reached the Wakf Tribunal in O.S. 13/2004 and thereafter, this Court in CRP No.776 of 2006. The matter had been compromised as evidenced by Ext.P1 wherein, the Civil Revision Petition was disposed of decreeing the suit in terms of the compromise in the place of the existing decree. The compromise petition was directed to be appended to the decree. 2. Petitioner complains that contesting respondent have not acted in terms of the compromise. They have now filed Ext. P3 before the Wakf Board seeking a direction to respondents 1 to 3 to take action in terms of the compromise. This writ petition has been filed seeking W.P ( C) No. 22340 of 2009 2 a direction to the 4th respondent to appoint a Receiver for the Jama- ath. 3. If the terms of compromise are not being adhered to by one or more of parties, the remedy of the petitioners lies elsewhere. Ext.P3 cannot be treated as one filed in proceedings pending before the Wakf Tribunal. It may be open to the petitioner to move the Wakf Board or the Wakf Tribunal on any fresh cause of action. Reserving the liberty of the petitioner to do so, writ petition is closed. (V.GIRI,JUDGE) ma W.P ( C) No. 22340 of 2009 3 W.P ( C) No. 22340 of 2009 4