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2024 Supreme(Online)(KER) 42678
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &
THE HONOURABLE MR. JUSTICE EASWARAN S.
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946 CRP(WAKF) NO. 43 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 18.01.2019 IN OS(WAKF) NO.32 OF 2013 OF WAKF TRIBUNAL, KOLLAM REVISION PETITIONERS/PLAINTIFFS:
1 MUSLIM JAMA-ATH PANAVOOR P.O., NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT REPRESENTED BY ITS PRESIDENT.
2 ABDUL SALAM HAJI, AGED 63 YEARS, S/O.MOIDEEN PILLAI, RESIDING AT NOUSHAD MANZIL, KALLIYADU, PANAVOOR P.O., NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT, PRESIDENT OF MUSLIM JAMA-ATH, PANAVOOR.
3 SHAHABUDEEN, S/O.HAJI M.MYTHEENKUNJU, PAMPADI HOUSE, PANAVOOR P.O., NEDUMANGADU TALUK, THIRUVANANTHAPURAM.
BY ADV T.R.RAJAN RESPONDENTS/DEFENDANTS:
1 HUSSAIN, AGED 51 YEARS S/O.SULTHAN PILLAI, MUHAMMED MANZIL, THAIKKAVU VILA, PANAVOOR P.O., NEDUMANGADU TALUK, THIRUVANANTHAPURAM DISTRICT, PIN-695 568.
2 SHIHABUDEEN, AGED 35 YEARS S/O.SULTHAN PILLAI, TV HOUSE, KARIKKUZHY, PANAVOOR P.O., NEDUMANGAD TALUK, THIRUVANANTHAPURAM, PIN-695 568.
3 HAMSATH, AGED 48 YEARS S/O.SULTHAN PILLAI, TV HOUSE, KARIKKUZHY, PANAVOOR P.O., NEDUMANGAD TALUK, THIRUVANANTHAPURAM, PIN-695 568.
4 NABEESA BEEVI, AGED 75 YEARS W/O.SULTHAN PILLAI, TV HOUSE, KARIKKUZHY, PANAVOOR P.O., NEDUMANGAD TALUK, THIRUVANANTHAPURAM, PIN-695 568.
5 MOHAMMED SHAFFI, AGED 34 YEARS S/O.SABOORA BEEVI, KARIKKAATHIL VEEDU, THOTTUMUKKU, PANAVOOR P.O., NEDUMANGAD TALUK, THIRUVANANTHAPURAM, PIN-695 568.
6 NOUSHAD, AGED 40 YEARS S/O.JALALUDEEN, THASNI MANZIL, ATTUKAL, PANAVOOR P.O., NEDUMANGAD TALUK, THIRUVANANTHAPURAM, PIN-695 568.
7 ASHIM, AGED 30 YEARS MANNANI, S/O.ABOOBECKER, KONGANAMKODU, THOTTUMUKKU, PANAVOOR P.O., NEDUMANGAD TALUK, THIRUVANANTHAPURAM, PIN-695 568.
8 THE KERALA STATE WAKF BOARD, VIP ROAD, KOCHI REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, PIN-695 568.
BY ADVS.
R.S.KALKURA SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD M.S.KALESH(K-275)
HARISH GOPINATH(K/232/1999)
R.BINDU(K/839/1990)
SRI. JAMSHEED HAFIZ- SC, SRI. S.ANANTHAKRISHNAN-R THIS CRP (WAKF ACT) HAVING BEEN FINALLY HEARD ON
03.10.2024, ALONG WITH CRP(WAKF).17/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &
THE HONOURABLE MR. JUSTICE EASWARAN S.
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946 CRP(WAKF) NO. 17 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 18.01.2019 IN OS(WAKF) NO.32 OF 2013 OF WAKF TRIBUNAL, KOLLAM REVISION PETITIONER/DEFENDANTS 1 TO 7:
1 HUSSAIN AGED 57 YEARS S/O.SULTHAN PILLAI, MOHAMMED MANZIL, THAIKAVU VILA, PANAVOOR P.O., NEDUMANGAD TALUK, TRIVANDRUM DISTRICT.
THIRUVANANTHAPURAM
2 SHIHABUDEEN AGED 41 YEARS S/O.SULTHAN PILLAI, TV HOUSE, KARIKKUZHY, PANAVOOR P.O., NEDUMANGAD TALUK, TRIVANDRUM DISTRICT.
3 HAMSATH AGED 54 YEARS S/O.SULTHAN PILLAI, TV HOUSE, KARIKKUZHY, PANAVOOR P.O., NEDUMANGAD TALUK, TRIVANDRUM DISTRICT.
4 NABEESA BEEVI AGED 81 YEARS W/O.SULTHAN PILLAI, TV HOUSE, KARIKKUZHY, PANAVOOR P.O., NEDUMANGAD TALUK, TRIVANDRUM DISTRICT.
5 MOHAMMED SHAFFI AGED 40 YEARS S/O.SABOORA BEEVI, KARIKKAATHIL VEEDU, THOTTUMUKKU, PANAVOOR P.O., NEDUMANGAD TALUK, TRIVANDRUM DISTRICT.
6 NOUSHAD AGED 46 YEARS S/O.JALALUDEEN, THASNI MANZIL, ATTUKAL, PANAVOOR P.O., NEDUMANGAD TALUK, TRIVANDRUM DISTRICT.
7 ASHIM MANNANI AGED 36 YEARS S/O.ABOOBECKER, KONGANAMKODU, THOTTUMUKKU,PANAVOOR P.O., NEDUMANGAD TALUK, TRIVANDRUM DISTRICT.
BY ADVS.
R.S.KALKURA M.S.KALESH HARISH GOPINATH R.BINDU P.ANJANA JOHNSON JOSE PANJIKKARAN P.I.NAJUMAL HUSSAIN NEENU PAVITHRAN R.HARIKRISHNAN (KAMBISSERIL)
RESPONDENTS/PLAINTIFFS & 8TH DEFENDANT:
1 MUSLIM JAMA-ATH PANAVOOR P.O., NEDUMANGAD, TRIVANDRUM DISTRICT-695 568, REPRESENTED BY ITS PRESIDENT.
THIRUVANANTHAPURAM
2 ABDUL SALAM HAJI AGED 69 YEARS S/O.MOIDEEN PILLAI, RESIDING AT NOUSHAD MANZIL, KALLIYADU, PANAVOOR P.O., NEDUMANGAD TALUK, TRIVANDRUM DISTRICT, PRESIDENT OF MUSLIM JAMA-ATH, PANAVOOR-695 568.
3 SHAHABUDEEN S/O.HAJI M.MYTHEENKUNJU, PAMPADI HOUSE, PANAVOOR P.O., NEDUMANGAD TALUK, THIRUVANANTHAPURAM-695 568.
4 THE KERALA STATE WAKAF BOARD, V.I.P.ROAD, KALOOR, COCHIN-682 017, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
BY ADVS.
SRI.T.R.RAJAN SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD Jamsheed Hafiz THIS CRP (WAKF ACT) HAVING BEEN FINALLY HEARD ON
03.10.2024, ALONG WITH CRP(WAKF).43/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
[CRP(WAKF) Nos.43/2019, 17/2019]
Amit Rawal, J.
1. This order shall dispose of two CRP(Wakf)s ie., CRP(Wakf)No.43 of 2019 titled as Muslim Jama-ath and Others v. Hussain and Others preferred by the plaintiffs against the defendants in not able to successfully project their claim set up in Original Suit No.32/2013 and C.R.P(Wakf)No.17 of 2019 preferred by the defendant Nos.1 to 7 who have also not been successful in defending the counter claim in the aforementioned suit, resulting into dismissal of both suit and counter claim.
2. Succinctly the facts in brief as set up by the petitioners in C.R.P(Wakf)No.43/2019 in Original Suit No.32/2013 before the Tribunal are as under:
I. Plaintiff No.1 is a Muslim Jama-ath represented by its president. The committee is administering, preserving and protecting the Wakf properties and assets of Jama-ath, as per the bye-laws. One Juma Masjid, nine(9) Thaikavu Masjid branches, one(1) Arabic College, one(1) English Medium Public School and one(1) Auditorium are the Waqf properties under the administration and control of the 1st plaintiff. Eleven(11) members were elected for the management of the aforementioned institutions and branches. The dispute pertains to one Madrassa and one Thaikavu Masjid, whereby the defendants had set up the claim. The genesis of the claim was based upon a registered Waqf deed No. 1483/1977 in respect of 1.70 Ares of the property and building constructed therein in Block No.19, Re-
survey No. 580/5, situated in Village Panavoor.
II. Defendants 1 to 3 are alleged to be the legal heirs of Haji Sultan Pillai, a Wakif and defendant Nos.5 to 7 are relatives of defendant No.1 to 4. They were creating problems not in the smooth functioning of the administration but claimed ownership of plaint scheduled property. A circular dated 08.04.2012 was issued for performing the prayers, was not implemented but Bakrid Namas was performed on different dates. On the basis of various other pleadings, claim for declaration and permanent injunction was set up.
3. Petitioners in CRP(Waqf) No.17/2019 ie., defendant Nos.1 to 7, countered the aforementioned claim by denying all the averments and the possession of scheduled properties and also set up a counter claim stating that they are managing and administrating the aforementioned properties ie., Juma Masjid and Madrassa. Only Islamic activities were conducted in the Masjid and Madrassa and denied any illegal, terrorist, disruptive or unislamic activities at any point of time been practiced. In the counter claim, it was alleged that the Wakif, father of defendant Nos.1 to 3 and husband of 4th defendant executed a gift deed No.1483/1977 of Nedumangadu S.R.O. in respect of four (4) cents of property and a building constructed as Thaikavu Masjid therein, in Block No.19, in Re-survey No.580/5 of Panavoor Village and another Will bearing No.403/2004 in Nedumangadu S.R.O. in respect of 0.85 Ares of property in Re-survey No.580/4 in Block No.19 of Panavoor Village. The local Masjid Committee reconstructed the Masjid out of the funds raised by the defendant Nos.1 to 7 and others whereas the 1st plaintiff did not contribute or managed. The local committee was inaugurated on 24.02.2007 and staked the claim on these two set of properties referred to in the gift deed. Both the parties brought on record the following evidences in support of their respective cases and examined following witnesses, the details of which are given below:
Exhibits marked for the side of the plaintiffs A1 Bye Law (1982) in Panavoor Muslim Jama-ath A2 List of Branch Thyccavu and Madrassa under Panavoor Muslim Jama-ath A3 09-05-1977 Joint will executed by Sulthan Pillai and his Wife Nabeesa Beevi.
A4 11-11-2013 Tax Receipt No.04609 A5 Memorandum submitted by Panavoor Muslim Jama-ath members before Panavoor Muslim Jama-ath A6 08-04-2012 Circular by Muslim Jama-ath, Panavoor A7 15-10-2013 Letter to President Branch Thaikkavu Pally Madrassa Mulamoodu, Karikkuzhy A8 18-10-2013 Letter
