P.Ummer vs Tharbiyyathul Islam Madrassa on 28 January, 2010

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Kerala High Court
P.Ummer vs Tharbiyyathul Islam Madrassa on 28 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 2299 of 2010(R)


1. P.UMMER, S/O. MOHAMED, PAREMMAL HOUSE,
                      ...  Petitioner

                        Vs



1. THARBIYYATHUL ISLAM MADRASSA,
                       ...       Respondent

2. KUNJUMOIDU, S/O. CHEKKU, AGED 48 YEARS,

3. V,HILAR, S/O. MOHAMMED MUSLIAR, AGED

4. KUNJUMOIDU,S/O.CHEKKU, AGED 48 YEARS,

5. KERALA STATE WAKF BOARD, REPRESENTED

                For Petitioner  :SRI.C.M.MOHAMMED IQUABAL

                For Respondent  :SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :28/01/2010

 O R D E R
         PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
                      ------------------------
                   W.P.(C).No. 2299 OF 2010
                      ------------------------

            Dated this the 28th day of January, 2010

                            JUDGMENT

Pius C.Kuriakose, J.

The plaintiff in W.O.S. No.46/2009 on the files of the Wakf

Tribunal, Ernakulam, has filed this writ petition under Article 227

seeking several reliefs including a direction to the Wakf Tribunal

to issue certified copy of the order dated 19/1/2010 in I.A.

No.223/2009 in W.O.S. 46/2009. On notice being issued,

respondents 1 to 4 have entered appearance through Advocate

Sri.K.M.Firoz and the 5th respondent entered appearance through

the Standing Counsel Sri.M.M.Saidu Muhammed.

2. Heard the learned counsel for the parties. In the

nature of the relief, which is being given herein, it is not

necessary that we examine the merits of the most of the grounds

raised. By order dated 25/1/2010, after hearing both sides, we

directed both sides to maintain status quo as obtaining on that

day as regards the Madrassa as well as the shop building which

are subject matter of the W.O.S. We dispose of this writ petition

issuing the following directions;

WPC.No.2299/2010 2

i). The Wakf Tribunal, Ernakulam is directed

to issue certified copies of the order dated

19/1/2010 in I.A. No.223/2009 in W.O.S.

No.46/2009 on the files of that Tribunal to the

petitioner as well as to the respondents 1 to 4 if

applications in that regard have been filed by

them already, and those applications are in order,

at the earliest and at any rate within three days of

receiving a copy of this judgment.

ii). Considering the above direction, there

will be a further direction that the order regarding

the maintenance of status quo issued by us on

25/1/2010 will continue for a period of 10 more

days from today.

PIUS C.KURIAKOSE,JUDGE

C.K.ABDUL REHIM , JUDGE
dpk

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