Kerala High Court

OP (WAKF)/47/2019 of SUBAIRKUTTY A., Vs OCHIRA PADINJARE THERUVU MUSLIM JAMA-ATH, on 31 December 2019

Cites 0, Cited by 0

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

No citing decisions in the index yet

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…

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.

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead