Kunhali vs Shukkool Islam Madrassa … on 28 October, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP.No. 560 of 2010()


1. KUNHALI, S/O.RAYINKUTTY HAJI,
                      ...  Petitioner

                        Vs



1. SHUKKOOL ISLAM MADRASSA CHETTIYIL,
                       ...       Respondent

2. SHUKKOOL ISLAM MADRASSA CHETTIYIL,

                For Petitioner  :SRI.R.RAMADAS

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.S.GOPINATHAN

 Dated :28/10/2010

 O R D E R
               PIUS C. KURIAKOSE &
               P. S. GOPINATHAN, JJ.
    ------------------------------------------------
         C. R. P. Nos.560 & 561 of 2010
    ------------------------------------------------
     Dated this the 28th day of October, 2010

                       ORDER

Pius C. Kuriakose, J

Under challenge in these revision petitions

are the common judgment passed by the Wakf

Tribunal, Kozhikode in O.S.60/07 and O.S.65/07.

Having gone through the judgment and having

heard the submissions of Sri.R.Ramadas, the

learned counsel for the revision petitioners and

also those of Sri.K.M.Firoz, the learned counsel for

the contesting respondents, we feel that the issue

is covered by the judgment of the Supreme Court

in Ramesh Gobindram v. Sugra Humayun Mirza

Wakf (2010(3) KLT 862 (SC). It is admitted by

C. R. P. Nos.560 & 561 of 2010 -2-

both sides that the properties in question is Wakf

property. Sri.K.M.Firoz submitted that one of the

disputes involved in the suits is administration of

the Wakf by a Mutawalli. Our attention was drawn

by Sri.Firoz to Section 19 who submitted that

when issue pertains to administration of Wakf

properties by the Mutawalli suits may be

maintainable before the Wakf Tribunal. We notice

that in this particular case, the Mutawalliship i.e.

the identity of the respondents as the Mutawalli of

the Wakf properties in question is also not in

dispute. That being so, we strongly feel that the

suits are not maintainable. Anyway, we do not

want to decide the issue finally. We set aside the

judgment and decree under revision and remand

the suits back to the Wakf Tribunal, Kozhikode.

C. R. P. Nos.560 & 561 of 2010 -3-

That Tribunal is directed to hear both sides and

take a decision regarding the maintainability of

the suits in the context of the pronouncement of

the Supreme Court judgment in Ramesh

Gobindram v. Sugra Humayun Mirza Wakf (2010

(3) KLT 862 (SC). Parties will appear before the

Wakf Tribunal, Kozhikode on 22/11/10.

PIUS C. KURIAKOSE
JUDGE

P. S. GOPINATHAN
JUDGE
kns/-