P.B.Abdul Hammeed vs The Kerala State Wakf Board on 5 December, 2007

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Kerala High Court
P.B.Abdul Hammeed vs The Kerala State Wakf Board on 5 December, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 35913 of 2007(A)


1. P.B.ABDUL HAMMEED, S/O.BAVA,
                      ...  Petitioner

                        Vs



1. THE KERALA STATE WAKF BOARD,
                       ...       Respondent

2. THE CHIEF EXECUTIVE OFFICE,

                For Petitioner  :SRI.T.H.ABDUL AZEEZ

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

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :05/12/2007

 O R D E R
                                     ANTONY DOMINIC, J.

                          ---------------------------------------------------

                                   W.P.(C) 35913 OF 2007

                          ---------------------------------------------------

                                  Dated: December 5, 2007

                                           JUDGMENT

Ext.P1 is an order passed by the 1st respondent in terms of which the parties to

the proceedings were directed to submit a draft scheme. Ext.P1 also provides that in

the event the parties to the proceedings do not submit a draft scheme, the 2nd

respondent shall submit a draft scheme to the 1st respondent for its consideration.

2. It is the contention of the petitioner that the parties to the proceedings did

not submit a draft scheme as directed in Ext.P1 and, therefore, the 2nd respondent ought

to have submitted a draft scheme. According to the petitioner, in view of the failure of

the 2nd respondent in this behalf, the petitioner has submitted Ext.P2 representation

before the 2nd respondent to comply with Ext.P1 order. Even thereafter as there has

not been any action from the side of the 2nd respondent, this writ petition has been filed.

2. I heard the learned counsel for the petitioner and the learned standing

counsel for the respondents.

3. Having regard to the allegations in the writ petition, I dispose of this case

directing that if the parties to Ext.P1 have not submitted a draft scheme as directed

therein, the 2nd respondent shall do as ordered in Ext.P1, as expeditiously as possible, at

any rate, within six weeks from the date of receipt of a copy of this judgment. On

receipt of the draft scheme as above from the 2nd respondent, the 1st respondent shall

proceed to finalise the same with notice to the parties. This the 1st respondent shall do

as expeditiously as possible.

ANTONY DOMINIC, JUDGE

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