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2002 Supreme(Ker) 596

M.RAMACHANDRAN
Mohammed Ibrahim – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. Considering a petition filed by the petitioner under S.32 of the Wakf Act, the Judicial Committee of the Wakf Board of Kerala had on 27.7.2002 passed an interim order as Ext. P7 whereby the petitioner was appointed as interim Mutawalli of Manjakulam Jaram, since according to them, there was a vacuum in the office of Mutawalli. Respondents 2 and 3 herein had got impleaded to the proceedings and attempted to get the order vacated, but were not successful. The Chief Executive Officer had been directed by the Judicial Committee to issue public notice, calling for objections from interested persons, and the matter had been posted for objection and hearing to 9th September. Ext. P10, later on produced by the petitioner, shows that the order in fact had been modified by the Wakf Board on 12.8.2002, making it clear that the petitioner is to act as interim Mutawalli, in respect of the Jaram only. But before the decision of the Board came, clarifying the order of the Committee, complaining about the maintainability of the earlier order of the Committee, the third respondent had petitioned to the Government on 12.8.2002. On the petition, the Government on 14.8.2002 issued the f






























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