IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN &

THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN FRIDAY, THE 12^TH DAY OF JANUARY 2024 / 22ND POUSHA, 1945 RP NO.1145 OF 2023 JUDGMENT IN WP(C) 30867/2023 OF HIGH COURT OF KERALA DATED 25.9.2023 --------------------

REVIEW PETITIONER/8TH RESPONDENT :-

T. SUBAIR, AGED 48 YEARS S/O.L.T.KUNHABDULLA HAJI, GENERAL SECRETARY, THARBIYATHUL ISLAM SABHA JAMAYATH COMMITTEE, P.O NELESHWAR, KASARAGOD DISTRICT, PIN – 671 314 (WRONGLY SHOWN AS SECRETARY, NEELESARAM TARBIYATHUL ISLAM SABHA PALLI PUNARUDHARANA COMMITTEE, NEELESWARAM AMSOM DESOM, HOSDURG TALUK, NEELESWARAM, PIN-671 314 IN THE JUDGMENT), RESIDING AT BARKATH MANZIL, MARKET ROAD, NEELESWARAM, KASARAGOD, PIN – 671 314 BY ADV R.RAMADAS RESPONDENTS/PETITIONERS AND RESPONDENTS 1 TO 7 & 9 :-

1 RAMSHEED C.H., AGED 26 YEARS S/O.A.B.MAJEED, CHIRAMMAL HOUSE, MARKET ROAD, NEELESWARAM PO, NEELESWARAM, KASARAGOD, PIN – 671 314

2 SHABEEB.M, AGED 20 YEARS S/O.KUNHABDULLA, T.M. HOUSE, THERU, NEELESWARAM VILLAGE, HOSDURG, KASARGOD, PIN – 671 314

3 ANEES.P., AGED 25 YEARS S/O.AHAMMED KUNHI, VIEWERS STREET, NEELESWARAM VILLAGE, HOSDURG, KASARAGOD, PIN – 671 314

4 SHAHEER C.H., AGED 23 YEARS S/O.BASHEER.P, CHIRAMMAL HOUSE, PALLIKKARA, NEELESWARAM VILLAGE, HOSDURG, KASARGOD, PIN – 671 314

5 C.K.ABDUL KHADER HAJI, AGED 57 YEARS S/O.MOIDU HAJI N.P., CHAIRMAN, NEELESARAM TARBIYATHUL ISLAM SABHA PALLI PUNARUDHARANA COMMITTEE, NEELESWARAM AMSOM, DESOM, HOSDURG TALUK, KASARGOD DISTRICT, PIN – 671 314

6 KERALA STATE WAKF BOARD VIP ROAD, KALOOR, KOCHI, REPRESENTED BY ITS EXECUTIVE OFFICER, PIN – 682 017

7 E.MUHAMMED SHAFI HAJI, AGED 60 YEARS S/O.ABDUL RAHMAN, CONVENER, NEELESARAM TARBIYATHUL ISLAM SABHA PALLI PUNARUDHARANA COMMITTEE, NEELESWARAM AMSOM, DESOM, HOSDURG TALUK, KASARGOD DISTRICT, PIN – 671 314

8 K.SELU, AGED 55 YEARS S/O.MUHAMMED KUNHI, JOINT CONVENER, NEELESARAM TARBIYATHUL ISLAM SABHA PALLI PUNARUDHARANA COMMITTEE, NEELESWARAM AMSOM, DESOM, HOSDURG TALUK, KASARGOD DISTRICT, PIN – 671 314

9 P.SUBAIR, AGED 63 YEARS S/O.HASSAINAR, NEAR SREEVALSAM AUDITORIUM, MARKET ROAD, NEELESWARAM VILLAGE, HOSDURG TALUK, NEELESWARAM, KASARAGOD, PIN – 671 314.

10 C.H.ABDUL RASHEED HAJI, AGED 58 YEARS S/O.ABDUL RAHMAN, CONVENER, NEELESARAM TARBIYATHUL ISLAM SABHA PALLI PUNARUDHARANA COMMITTEE, NEELESWARAM AMSOM, DESOM, HOSDURG TALUK, KASARGOD DISTRICT, PIN – 671 314

11 C.K.ABDU SALAM, AGED 63 YEARS S/O.MOIDU HAJI M.P, BEHIND N.G.M.PRABHU PETROL PUMP, NEELESWARAM VILLAGE, HOSDURG TALUK, NEELESWARAM, PIN – 671 314

12 MUHAMMED SAHBBER S/O.ABDULLA, AK HOUSE, BLACK GATE, PALLIAKRA PAROL, NEELESWARAM VILLAGE, HOSDURG TALUK, NEELESWARAM, PIN – 671 314 SRI.JAMSHEED HAFIZ SRI.K.M.FIROZ THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON

12.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 12 ^th day of January, 2024 Anu Sivaraman, J.

Heard the learned counsel for the review petitioner.

2. The essential contention raised in this review petition is to the effect that Exts.P2, P6 and P8 applications had already been disposed of by the Wakf Board and that therefore, the direction issued by this Court by the judgment under review was unjustifiable. It is stated in the review petition that only Ext.P3 I.A. is pending before the Wakf Board and the contesting respondents including the review petitioner had already filed a counter statement.

3. The learned counsel appearing for the petitioners in the writ petition, who are respondents 1 to 4 herein, points out that Annexure 1 order passed on Ext.P2 I.A. was only an ad interim order and that the I.A. is still pending. It is further contended that even in case, it is the case of the review petitioners that the I.A. has been disposed of, it is for them to raise it before the Wakf Board which shall consider all their contentions on merits. With the I.As shows as Exts.P6 and P8 in the writ petition, it is admitted that those I.As have already been disposed of.

In the above view of the matt