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2011 Supreme(Ker) 734

K.M.JOSEPH, M.L.JOSEPH FRANCIS
Puthucode Juma-Ath Committee, Palakkad, Represented by its Secretary M. M. Basheer – Appellant
Versus
T. S. Abdul Rahiman @ Thangalkutty – Respondent


Appearing Advocates:
For the Petitioner:Babu Karukapadath, M.A. Vaheeda Babu, Jagan George, K.A.Noushad, P.G. Pramod, Advocates.
For the Respondents:R2-4, P.K. Muhammed, M. Abdul Rasheed,R1, R5 to 6 T.H. Abdul Azeez, Advocates. R8 A.A. Abul Hassan, SC, Wakf Board, R9 Umesh N. Pai R12 P.K. Muhammed, Advocates

Judgment :-

Joseph, J.

1. These two civil revision petitions are filed against the common order passed by the Wakf Tribunal, Ernakulam. C.R.P.644/2010 is filed against the common order passed in W.O.A.No.1/2001 and C.R.P.499/2006 is filed against the common order in W.O.A.No.6/2001.

2. The petitioner is a Jama Ath owning 16 cents of land. There is a mosque situated therein. There is an extensive area of 8 acres and 3 cents. It is known as Putharipadam Jama-ath and its burial ground (Mayyathankara).

3. The dispute essentially relates to the administration of the aforesaid 8 acres and 3 cents. The dispute had its origin in the year 1956. Apparently, it started when the Managing Committee of the petitioner auctioned about 2,000 numbers of teak wood trees standing in the compound of Putharipadam Mosque. Some of the inhabitants and beneficiaries of the said Mosque, it appears, objected to the auction by the petitioner committee. They approached the Executive First Class Magistrate, Palakkad seeking an injunction under Section 144 of the Criminal Procedure Code, restraining the committee from cutting and removing the trees. Injunction was granted initially, but later on, it was vacated.




















































































































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