Koyambrath Muhammed vs Poolakkal Abdulla on 10 August, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 3253 of 2007(S)


1. KOYAMBRATH MUHAMMED, AGED 71 YEARS,
                      ...  Petitioner

                        Vs



1. POOLAKKAL ABDULLA, AGED 46 YEARS,
                       ...       Respondent

2. WAKF TRIBUNAL,

                For Petitioner  :SRI.T.R.RAVI

                For Respondent  :SRI.P.A.ABDUL JABBAR, SC, WAKF BOARD

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :10/08/2007

 O R D E R
             KURIAN JOSEPH & T.R.RAMACHANDRAN NAIR, JJ.
                      -----------------------------------------
                            W.P(C)No. 3253 of 2007
                      -----------------------------------------
                   Dated this the 10th day of August, 2007

                                    JUDGMENT

Kurian Joseph,J.

Petitioner is aggrieved by Exts.P3 and P4 orders whereby the Wakf

Tribunal, Kozhikode refused to reopen the evidence after calling for the register

of Wakfs. After having heard counsel on both sides we are of the view that the

register has to be called for along with the certified copy of the extract of the

register maintained under Section 37 of the Wakf Act. We set aside the

impugned orders. There will be a direction to the Wakf Tribunal, Kozhikode to

call for the Wakf register with a further direction to produce also a certified

copy of the Wakf register under dispute, so that the said certified copy will form

part of the records. This shall be done within a period of one month from the

date of production of a copy of the judgment and thereafter the suit shall be

disposed of within a period of another four months. It is made clear that the

Wakf Tribunal shall insist the impleadment of the Wakf Board.

The writ petition is disposed of as above.

(KURIAN JOSEPH, JUDGE)

(T.R.RAMACHANDRAN NAIR, JUDGE)
ahg.