IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 3663 of 2010(G)
1. MAMMU, S/O.SEEDI,
... Petitioner
Vs
1. IBRAHIM BAVA, PRESIDENT,
... Respondent
2. YOUSUF, SECRETARY,
3. THE KERALA WAKF BOARD,
For Petitioner :SRI.P.K.MUHAMMED
For Respondent :SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :04/02/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C). No.3663/2010-G
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Dated this the 4th day of February, 2010
J U D G M E N T
The petitioner seeks for a direction to the Wakf Board
to take a decision on Ext.P4 within a time frame. The
petitioner claims to be a member and beneficiary of Badriya
Jama-ath Mosque and its wakf properties. The Wakf is
registered before the Kerala Wakf Board and its
Registration Number is 4890/RA. The Jama-ath is having
properties in various places. The complaint of the
petitioner is that the Jama-ath is not maintaining proper
accounts of income and expenditure. The annual returns
have not been filed properly and the annual contribution
due to the Wakf Board also have not been paid promptly. In
the above circumstances, the petitioner has filed
O.P.No.38/2003. When the above matter came up for hearing,
the respondents agreed to prepare accounts and submit the
same for verification before the Wakf Board. The
petitioner also agreed to that course and the case was
disposed of as per Ext.P3.
2. According to the petitioner, on verification of
the accounts certain irregularities were noted and the
first and second respondents were directed to pay
additional amount. Thereafter, the first and second
W.P.(C). No.3663/2010
-:2:-
respondents are not accepting monthly contribution from the
petitioner and also are not extending the services of the
Jama-ath. The petitioner and his family members are
treated as an out-caste. The monthly contribution sent by
the petitioner’s brother was also refused and the
petitioner’s brother was constrained to leave the parent
Jama-ath and join another Jama-ath. In these
circumstances, the petitioner has filed Ext.P4 O.P before
the third respondent.
3. Heard the learned counsel for the Wakf Board. It
is pointed out that the Wakf Board is having only one
sitting in two months and, therefore, sufficient time will
be required for disposal of the matter.
4. There will be a direction to the third respondent-
Wakf Board to take a decision on Ext.P4 after issuing
notice to the parties and after hearing them within a
period of eight months. The petitioner will produce a copy
of this Judgment along with a copy of the writ petition
before the third respondent for compliance.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
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