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Judgment
P.N. Ravindran, J.—O.P. (Wakf) No. 22 of 2014 is a petition filed by the plaintiffs in O.S. No. 56 of 2013 on the file of the Wakf Tribunal, Kozhikode. The relief sought in O.S. No. 56 of 2013, a copy of which is produced as Ext. P2, is for a permanent prohibitory injunction restraining defendants 3, 4 and 5 and their men and agents from demolishing the Puttekkatt Juma-ath Mosque or from reconstructing the Mosque except with the permission of the Kerala State Wakf Board, the local authority concerned and the District Collector, Kozhikode. Along with O.S. No. 56 of 2013, the plaintiffs filed I.A. No. 832 of 2013 under Order XXXIX rule 1 of the Code of Civil Procedure for an interim order of injunction in terms of the relief of injunction prayed for in the plaint. They also filed an application for the appointment of an Advocate Commissioner.
After hearing learned counsel on both sides, the Tribunal appointed an Advocate Commissioner and thereafter passed the following order on 3.1.2014 on I.A. No. 832 of 2013:-
"Petitioners, R1, R2, R3, R5 represented. Issue urgent notice to other respondents. Heard on I.A. No. 3/14 (Commission application). I.A. No. 23/14 allowed. I.A. No. 2/14 filed for counter.
It is submitted by the counsel for the petitioner that in spite of the order of the Tribunal not to demolish the building, the respondents (R3 & R5) have demolished the building and that they are attempting to reconstruct the mosque building without getting permission of the Wakf Board and Grama Panchayat. On the other hand, according to the counsel for the respondents 3 and 5, only repair works are being done as permitted by this Tribunal. From the report of the commissioner it is seen that the entire roof of the building has been demolished. The contesting respondents (R3 & R5) have not yet filed even counter statement to this IA. In order to ascertain the works already done after the inspection of the commissioner, commissioner is directed to visit the spot again today. In the circumstances, R3 & R5 have to be restrained from doing any work relating to the mosque building. Hence R3 & R5 are restrained."
By that order, the Wakf Tribunal restrained respondents 3 and 5 from doing any further work in relation to the mosque building without the permission of the Tribunal, directed the Advocate Commissioner already appointed by the Tribunal to visit the premises once again and to submit a report.
The Advocate Commissioner thereafter inspected the premises and submitted Ext. P6 report dated 6.1.2014. The plaintiffs thereupon filed I.A. No. 2 of 2014 under Order XXXIX rule 2A of the Code of Civil Procedure to proceed against defendants 3 and 5 for allegedly violating the order of injunction passed on 3.1.2014 on I.A. No. 832 of 2013. O.P. (Wakf) No. 22 of 2014 was thereafter filed on 24.4.2014 for an order directing respondents 2 and 5 to comply with the order passed by the Wakf Tribunal on 3.1.2014 on I.A. No. 832 of 2013 and a further order directing the Wakf Tribunal to pass appropriate orders on the application filed under Order XXXIX rule 2A of the Code of Civil Procedure. Long thereafter defendants 1, 3, 4 and 5 in O.S. No. 56 of 2013 filed O.P. (Wakf) No. 31 of 2014 challenging the interim order passed by the Wakf Tribunal on 3.1.2014 on I.A. No. 832 of 2013. They also seek a declaration that permission of the Wakf Board is not required to demolish and reconstruct the old mosque and that a plan is also not required to be submitted for such works.
We heard Sri. R. Ramadas, learned counsel appearing for the petitioners in O.P. (Wakf) No. 22 of 2014 and Sri. T.M. Abdul Latiff, learned counsel appearing for the petitioners in O.P. (Wakf) No. 31 of 2014. We also heard Sri. K. Shibili Naha, learned standing counsel appearing for the Kerala State Wakf Board. It is evident from the pleadings and the materials on record that the Wakf Tribunal is yet to pass final orders on I.A. No. 832 of 2013. The order passed by Tribunal on 3.1.2014 is only an ad interim order. While the petitioners in O.P. (Wakf) No. 22 of 2014 seek its enforcement as also an order directing the Wakf Tribunal to proceed against the defendants who are allegedly violating the ad interim order of injunction, the petitioners in O.P. (Wakf) No. 31 of 2014 challenge it. Having regard to the admitted fact that Wakf Tribunal is yet to pass final orders disposing of I.A. No. 832 of 2013, we are of the considered opinion that the proper course would be to direct the Wakf Tribunal to pass final orders on I.A. No. 832 of 2013 in O.S. No. 56 of 2013 at the earliest.
We accordingly dispose of these original petitions with a direction to the Wakf Tribunal, Kozhikode, where O.S. No. 56 of 2013 is pending, to take up I.A. No. 832 of 2013 for consideration and pass appropriate orders thereon before 6.10.2014. If the defendants in the suit are desirous of filing their objections to I.A. No. 832 of 2013, the same shall be done on or before 1.10.2014. Objections if any to the report of the Advocate Commissioner shall also be filed simultaneously. The parties shall in order to enable the Wakf Tribunal to act as directed above, appear through counsel before the Wakf Tribunal on 1.10.2014. Needless to say, the Wakf Tribunal shall also endeavour to try and dispose of the suit within a period of four months from the date of receipt of a copy of this judgment. The application filed by the plaintiffs under Order XXXIX rule 2A of the Code of Civil Procedure shall also be disposed of expeditiously.