Kerala High Court
WP(C)/35896/2019 of SALIM P Vs KERALA STATE WAKF BOARD on 31 December 2019
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 WP(C).No.35896 OF 2019(J) PETITIONERS: 1 SALIM P, AGED 38 YEARS, S/O.ISMAIL, RESIDING AT VADI RAHMA(H),
IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
&
THE HONOURABLE MRS. JUSTICE SHIRCY V.
TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941
WP(C).No.35896 OF 2019(J)
PETITIONERS:
1SALIM P,AGED 38 YEARS,S/O.ISMAIL, RESIDING AT VADI RAHMA(H), AZHIYOOR.P.O., ANCHAMPEEDIKA, VADAKARA TALUK, KOZHIKODE DISTRICT-673309.
2SHAMSUDHEEN.K,AGED 38 YEARS,S/O.ALI, RESIDING AT KALLERY (H), AZHIYOOR CHUNKAM,AZHIYOOR.P.O., VADAKARA TALUK, KOZHIKODE DISTRICT-673309.
3ALI MANOLI,AGED 72 YEARS,S/O.ABDULLA, RESIDING AT SHAMEEM VILLA (H), AZHIYOOR CHUNKAM, AZHIYOOR.P.O., VADAKARA TALUK, KOZHIKODE DISTRICT-673309.
BY ADV. SRI.T.SHIHABUDHEEN
RESPONDENTS:
1KERALA STATE WAKF BOARDREPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, OFFICE OF THE WAKF BOARD, V.I.P. ROAD, ERNAKULAM-682017.2ADVOCATE COMMISSIONER,ADV. VIJAYAMOHAN.P.K., CHAMBER 310, KHCAA CHAMBERS, HIGH COURT COMPLEX ERNAKULAM, KOCHI-682031.
PRESIDENT,
ANJAMPEEDIKA MAHALU JAMA-ATH COMMITTEE REG.NO.156/81, OFFICE OF THE ANJAMPEEDIKA MAHALU JAMA-ATH COMMITTEE, AZHIYOOR.P.O, VADAKARA, KOZHIKODE DISTRICT-673309.
4ANJAMPEEDIKA MAHALU JAMA-ATH COMMITTEEREG.NO.156/81, AZHIYOOR.P.O., REPRESENTED BY ITS SECRETARY, T.G.NAZAR, AGED 48 YEARS, S/O.USMAN, ARAFA HOUSE, AZHIYOOR.P.O., VADAKARA, KOZHIKODE DISTRICT-673309.
R1 BY ADV. SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD
SRI.VIJAYAMOHANAN P.K., ADV.COMMISSIONER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON31.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.ASHA, SHIRCY V., JJ.
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W.P(C).No.35896 of 2019-J
------------------------------------------- Dated this the 31[st] day of December, 2019
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JUDGMENT
P.V.Asha, J.
The Writ Petition was filed challenging Ext.P7 final voters list and Ext.P8order rejecting the objections raised by the petitioners. The petitioners have alsoprayed for a direction to the 2[nd] respondent to conduct the election on the notifieddate itself by including the members in the representations submitted by them bykeeping a separate ballot box. Even though the Writ Petition came up forconsideration on 27.12.2019, it was posted to 31.12.2019. The learned AdvocateCommissioner submitted that the election was already conducted on 29.12.2019 onthe basis of the direction issued by this Court in Ext.P3 judgment dated 31.10.2019in W.P(c).No.28396/2019 with Police protection and counting and declaration ofresults were done on 30.12.2019.
In the above circumstances, nothing survives in this Writ Petition. Thepetitioners would be free to move appropriate proceedings in case they areaggrieved. The Writ Petition is closed accordingly.
Sd/- (P.V.ASHA, JUDGE)
Sd/- (SHIRCY V., JUDGE)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1THE TRUE PHOTOCOPIES OF THE RELEVANT PAGES OF THE MEMORANDUM OF ASSOCIATION OF THE 4THRESPONDENT COMMITTEE.
EXHIBIT P2A TRUE PHOTOCOPY OF THE ORIGINAL PETITION NO.243/2019 DATED 30.09.2019 FILED BEFORE THE 1ST RESPONDENT.NO.243/2019 DATED 30.09.2019 FILED BEFORE THE 1ST RESPONDENT.
EXHIBIT P3A TRUE PHOTOCOPY OF THE JUDGMENT DATED 31.10.2019 OF THIS HON'BLE COURT IN WP(C)NO.28396/19.31.10.2019 OF THIS HON'BLE COURT IN WP(C)NO.28396/19.
EXHIBIT P4A TRUE PHOTOCOPY OF THE PETITION DATED 23.11.2019 SUBMITTED BEFORE THE 2ND AND 4THRESPONDENTS.23.11.2019 SUBMITTED BEFORE THE 2ND AND 4THRESPONDENTS.
EXHIBIT P5A TRUE PHOTOCOPY OF THE PETITION DATED 12.12.2019 SUBMITTED TO THE 2ND AND 4TH RESPONDENTS.12.12.2019 SUBMITTED TO THE 2ND AND 4TH RESPONDENTS.
EXHIBIT P6A TRUE PHOTOCOPY OF THE OBJECTION DATED 12.12.2019 SUBMITTED TO THE 2ND RESPONDENT.12.12.2019 SUBMITTED TO THE 2ND RESPONDENT.
EXHIBIT P7A TRUE PHOTOCOPY OF THE FINAL VOTERS LIST DATED 13.12.2019 PUBLISHED BY 2ND RESPONDENT.DATED 13.12.2019 PUBLISHED BY 2ND RESPONDENT.
EXHIBIT P8A TRUE PHOTOCOPY OF THE ORDER DATED 21.12.2019 ISSUED BY THE 2ND RESPONDENT ALLOTTING SYMBOL.21.12.2019 ISSUED BY THE 2ND RESPONDENT ALLOTTING SYMBOL.
EXHIBIT P9A TRUE PHOTOCOPY OF THE OBJECTION DATED 21.12.2019 FILED BEFORE 2ND RESPONDENT.21.12.2019 FILED BEFORE 2ND RESPONDENT.
EXHIBIT P10A TRUE PHOTOCOPY OF THE ELECTION NOTIFICATION DATED 30.11.2019 ISSUED BY THE2ND RESPONDENT.NOTIFICATION DATED 30.11.2019 ISSUED BY THE2ND RESPONDENT.