AI Structured Summary
Not yet generated for this judgment
Judgment
Mohammed Nias.C.P. J.
The petitioner had approached the District Collector, Kannur, with Ext.P5 request to implement the orders of the Wakf Board passed on 11.7.2014, by which it found that the property involved was a Wakf property owned by one Kakkad Juma-ath and that it has been alienated. Accordingly, a direction was issued to the District Collector under Section 52 of the Wakf Act for re-possessing 45 Cents of Wakf property lying in Resurvey No.288/2-220/24 on Puzhathi Village Kannur Taluk owned by the Wakf and to entrust the possession of the same to the Muthawalli. The said order of the Wakf Board was challenged before the Tribunal by the contesting respondents, and the same was dismissed by the Tribunal. Ext.P6 request for implementation of the board's order was made before the Divisional office of the Wakf Board who had forwarded the same to the District Collector, who by Ext.P7 order held that as the orders of the Wakf Board was challenged before the Tribunal, request for implementation must come from the Tribunal. We find the said reason in Ext.P7 as totally illegal as the order of the Wakf Board was affirmed by the Tribunal and the District Collector ought to have implemented the orders of the Wakf Board subject to the orders to be passed in a revision, if any, filed by the aggrieved parties.
The learned counsel for the respondents submitted that they had already filed a revision before this Court, but no interim order was granted. In such circumstances, there will be a direction to the District Collector, Kannur, to implement the order of the Wakf Board referred to above, subject to the orders to be passed in the revision preferred by respondents 3 to 5.
The writ petition is disposed of as above.