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2017 Supreme(Ker) 1537

C.T.RAVIKUMAR, B.SUDHEENDRA KUMAR
Ezhome Sunni Valiya Juma Masjid And Darul Uloom Madrasa Committee, Represented By Its Secretary C. K. Abdul Razak, S/o Abdulla – Appellant
Versus
Chief Executive Officer Kerala State Waqf Board – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.K.PAUL KURIAKOSE, SRI.K.A.ANISH, SRI.ELDO KURIAKOSE, SRI.T.K.HASSAN, SRI.K.HABEEBULLA, SRI.T.A.RAFEEK (CHERTHALA)
For the Respondent: SRI.T.P.SAJID, SRI.K.N.ABHILASH, SRI.SUNIL NAIR PALAKKAT

JUDGMENT :

C.T.Ravikumar, J.

The question arises for consideration in this writ petition is whether the Chief Executive Officer (for short 'the CEO') of the Waqf Board whose powers are specified under various provisions of the Waqf Act, 1995 (for short 'the Act') is empowered to deal with and decide any matter or issue involved in a petition pending consideration before the Waqf Board, even if it is for the purpose of granting an interim relief or order? For a proper consideration of the said issues and to answer the aforesaid question, it is only appropriate to refer to the relevant provisions under the Act delineating the powers of the Waqf Board and the CEO. The said question emerged for consideration from the facts stated infra.

2. Respondents 3 to 9 herein filed O.P.No.93 of 2016 before the Kerala State Waqf Board, Ernakulam. It is still pending consideration. The writ petitioners herein are the respondents therein. For the sake of convenience, the parties are referred to hereafter in this judgment, in accordance with their status and rank, in this writ petition. Respondents 3 to 9 herein filed the said original petition seeking the following reliefs:-

(a) To direct the respondent

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