Kerala High Court
OP (WAKF)/47/2019 of SUBAIRKUTTY A., Vs OCHIRA PADINJARE THERUVU MUSLIM JAMA-ATH, on 31 December 2019
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE SMT. JUSTICE P.V.ASHA & THE HONOURABLE MRS. JUSTICE SHIRCY V. TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941 OP (WAKF).No.47 OF 2019 AGAINST THE ORDER/JUDGMENT IN OS 296/2019 OF WAKF TRIBUNAL, KOZHIKODE PETITIONER/2ND
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
&
THE HONOURABLE MRS. JUSTICE SHIRCY V.
TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941
OP (WAKF).No.47 OF 2019
AGAINST THE ORDER/JUDGMENT IN OS 296/2019 OF WAKF TRIBUNAL,KOZHIKODE
PETITIONER/2ND PETITIONER/DEFENDANT 2:
SUBAIRKUTTY A.,AGED 83 YEARSS/O. LATE ABOOBACKEKUNJU, KANNAMPPALLIL HOUSE, PUTHUPALLY VILLAGE, DEVIKULANGARA P.O. KARTHIKAPPALLY, ALAPPUZHA DISTRICT.
BY ADVS.SRI.V.PHILIP MATHEWSRI.GIBI.C.GEORGE
RESPONDENT/S:
1OCHIRA PADINJARE THERUVU MUSLIM JAMA-ATH,OCHIRA P.O. KARUNAGAPPALLY TALUK, KOLLAM DISTRICT 690 546, REPRESENTED BY ITS PRESIDENT.
2MUHAMMED NIZAM,AGED 42 YEARSS/O. MUHAMMED BASHEER, KANDATHIL VEETTIL, KRISHNAPURAM VILLAGE, KARTHIKAPALLY TALUK, ALAPPUZHA DISTRICT 690 516.
3SALAHUDHEEN,AGED 42 YEARSS/O. ABUL KAREEM, PAINUMMOOTTIL THEKKETHIL,OCHIRA P.O., KRISHNAPURAM VILLAGE, KARTHIKAPALLY TALUK, ALAPPUZHA DISTRICT 690 516.
4AZAD,AGED 38 YEARSS/O. ABDUL AZEEZ, KUNNOTH VEETTIL, OCHIRA P.O. KARUNAGAPPALLY TALUK, KOLLAM DISTRICT 690 518.
5THE KERALA STATE WAKF BOARD,
KALOOR, KOCHI 682 017, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
6THE RETURNING OFFICER,
OCHIRA PADINJARE THERUVU MUSLIM JAMMATH, OCHIRA P.O. KARUNAGAPPALLY TALUK, KOLLAM DISTRICT 690 518.
7NAZEER,
AGED 55 YEARS
S/O. YOONUSKUNJU, PARAYATTAYYATHU VEEDU, KRISHNAPURAM, OCHIRA, ALAPPUZHA DISTRICT 690 533.
R5 BY ADV. SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD
THIS OP (WAKF) HAVING COME UP FOR ADMISSION ON 31.12.2019,THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
JUDGMENT
Dated this the 31[st] day of December 2019
Shircy, J.
This Original Petition (Waqf) is filed challengingExt.P5 order of the Waqf Tribunal in I.A.No.2620/2019 inO.S.No.296/2019 dated 29.11.2019. The election was proposedto be held on 29.12.2019. Now the election is over and themain relief has become infructuous. Hence this OriginalPetition is closed with liberty to raise all thecontentions in the Election Petition, if advised so.
P.V.ASHAJUDGE
rkc
SHIRCY V.JUDGE
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1COPY OF JUDGMENT DATED 26.08.2019 PASSED BYTHE WAQF TRIBUNAL, KOZHIKDOE IN O.S. NO.296/2019.THE WAQF TRIBUNAL, KOZHIKDOE IN O.S. NO.296/2019.EXHIBIT P2COPY OF I.A. NO. 2492/19 IN O.S. NO.296/2019.296/2019.
EXHIBIT P3COPY OF ORDER DATED 26.11.2019 PASSED BYTHE WAQF TRIBUNAL, KOZHIKDOE IN I.A. NO.2492/19 IN O.S. NO. 296/2019THE WAQF TRIBUNAL, KOZHIKDOE IN I.A. NO.2492/19 IN O.S. NO. 296/2019EXHIBIT P4COPY OF I.A. NO. 2620/19 IN O.S. NO.296/2019.296/2019.
EXHIBIT P5COPY OF ORDER DATED 29.11.2019 PASSED BYTHE WAQF TRIBUNAL KOZHIKODE IN I.A. NO.2620/19 IN O.S. NO. 296/2019THE WAQF TRIBUNAL KOZHIKODE IN I.A. NO.2620/19 IN O.S. NO. 296/2019EXHIBIT P6COPY OF REPRESENTATION DATED 13.12.2019SUBMITTED BY THE PETITIONER BEFORE THE 6THRESPONDENT.SUBMITTED BY THE PETITIONER BEFORE THE 6THRESPONDENT.
EXHIBIT P7COPY OF JUDGMENT DATED 20.12.2019 PASSED INO.P. (WQF) NO. 46/2019.O.P. (WQF) NO. 46/2019.