IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18199 of 2010(Y)
1. PAIPRA CENTRAL JUMA MASJID, MANARI P.O.,
... Petitioner
Vs
1. KERALA STATE WAKF BOARD, V.I.P.ROAD,
... Respondent
2. DEPUTY TAHSILDAR (RR), TALUK OFFICE,
For Petitioner :SRI.C.A.MAJEED
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :11/06/2010
O R D E R
P.R.RAMACHANDRA MENON, J.
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W.P.(C). NO.18199 OF 2010
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Dated this the 11th day of June, 2010.
JUDGMENT
The petitioner has approached this Court seeking for
the following reliefs:
(i) issue a writ of certiorari or any other writ, order or
direction calling for the records leading to Ext.P1 to P5
and set aside Ext.P1 and P2 finding that the 1st
respondent has no authority to issue those as 1st
respondent is not rendering any service to the petitioner
Juma Masjid;
(ii) declare that, the 1st respondent has no authority to
demand contribution from the petitioner under Section
72 of the Wakf Act as the petitioner’s net annual income
is far below the statutory amount fixed for paying
contribution;
(iii) declare that the proceedings initiated under
Revenue Recovery Act pursuant to the issuance of
Exts.P1 & P2 as illegal;
(iv) pass such other writ, order or direction as prayed for
by the petitioner in due course which shall be just and
proper;
2. The learned standing counsel appearing for the 1st
respondent submits that there is a statutory remedy as
provided under Section 72 of the Wakf Act, 1995 and that
petitioner has approached this Court without exhausting the
W.P.(C). NO.18199 OF 2010 2
same.
3. Heard learned Government Pleader as well.
4. The learned counsel appearing for petitioner
submits that the petitioner is constrained to approach this
Court because of the coercive steps, as evident from Ext.P4
and P5 notices issued under the Revenue Recovery Act.
The learned counsel also submits that petitioner is intending
to pursue the statutory remedy, for which some breathing
time may be provided.
5. After hearing both sides, this Court finds it fit and
proper to permit the petitioner to avail the statutory remedy,
if the same is pursued within two weeks from the date of
receipt of copy of this judgment, on which event, the same
shall be treated as proper and valid appeal and appropriate
orders shall be passed by the 1st respondent Board in
accordance with law, as expeditiously as possible, at any
rate, within 6 weeks thereafter. It is made clear that, further
coercive steps stated as being pursued against the
petitioner, as evident from Ext.P3 and P4, shall be kept in
W.P.(C). NO.18199 OF 2010 3
abeyance, till such time.
The Writ Petition is disposed of accordingly.
P.R.RAMACHANDRA MENON, JUDGE.
mns