High CourtsDivision Bench(2021) 01 KL CK 0264

S.V.P. Pookoya vs S.V. Cheriyakoya Thangal And Ors

High Court Of Kerala · Decided on 6 January 2021

HON’BLE JUDGES
A.M. Shaffique, J · Gopinath P, J
RESULT
Disposed Of
CASE NUMBER
Op (Wakf) No. 1 Of 2021

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

19 paragraphs · 350 words

A.M. Shaffique, J

1.

This Original Petition has been filed inter alia seeking the following reliefs:-

“i) Issue a direction directing the Waqf Tribunal Lakshadweep to take and consider Ext.P3 petition within a time frame stipulated by this

Honourable Court.

ii) Issue any other appropriate order which this Honourable court may deem just fit and proper in the facts and circumstances of the case and

sufficient for the redressal of the grievances of the petitioner.â€​

In the nature of the order we intend to pass, no notice is being issued to the 1st respondent. The learned Standing Counsel takes notice for the 2nd

respondent. The petitioner had approached the Tribunal by filing Ext.P3 application, W.T.O.A.No.1/2020 seeking for a direction to the Sub Divisional

Magistrate, Androth to handover the administration of the Ujra Mosque, Androth to the petitioner who claims to be the senior most of the Tharavadu

as declared in the Civil Court proceedings, which was finally confirmed in the Second Appeal. In fact, as against an order passed by the Wakf Board,

this Court in C.R.P.(Wakf) No.189/2015, while setting aside the order passed by the Wakf Board, permitted the parties to approach the Wakf

Tribunal to adjudicate their rights and it is pursuant to the same that the above proceedings have been initiated before the Tribunal. This Court by a

separate order in I.A.No.9/2018 in C.R.P.(Wakf)No.189/2015 dated 1.11.2018 has further directed that the Sub Divisional Magistrate, Androth shall

be in charge of the Mosque and Darga until a decision is taken by the Wakf Tribunal.

2.

That being the situation, necessarily there is an urgency in the matter and therefore, there is justification on the part of the petitioner to approach this

Court seeking for an early disposal. We are also told that the Covid Pandemic has not reached the Islands at Lakshadweep.

3.

Having regard to the aforesaid factual situation, we direct the Wakf Tribunal to consider and pass appropriate orders in Ext.P3 petition within a

period of four months from the date of receipt of a copy of this judgment.

The Original Petition (wakf) is disposed of.