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2024 Supreme(Online)(Ker) 82988

IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.A. MOHAMMED ASHARAF @ RAJA ABDUL KHADER – Appellant
Versus
KERALA STATE WAQF BOARD – Respondent
WP(C) 29448/2024



IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MR. JUSTICE EASWARAN S.

WEDNESDAY, THE 21ST DAY OF AUGUST 2024 / 30TH SRAVANA, 1946 WP(C) NO. 29448 OF 2024 PETITIONER/S:

T.A. MOHAMMED ASHARAF @ RAJA ABDUL KHADER AGED 63 YEARS S/O ABDUL KHADER KUNJU, FATHIMA MANZIL, NEAR REVENUE TOWER, CHENGANASSERY, KOTTAYAM DISTRICT., PIN - 686101 BY ADV U.R.HARSHAKUMAR RESPONDENT/S:

1 KERALA STATE WAQF BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, V.I.P.

ROAD, KALOOR, KOCHI., PIN - 682017

2 PAZHAYAPALLI MUSLIM JUMATH, CHENGANASSERY , REPRESENTED BY ITS SECRETARY,PAZHAYAPALLI MUSLIM JUMATH, CHENGANASSERY, KOTTAYAM DISTRICT., PIN - 686101 OTHER PRESENT:

SRI JAMSHEED HAFIZ SC WAQF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT Amit Rawal, J.

Jurisdiction of this Court under Article 226 of the Constitution of India has been invoked on the premise that Ext.P4 representation dated 18.4.2024, has been submitted to the Waqf Board for expunging the defamatory remarks against the family as well as the petitioner which is stated to be pending.

2. Learned counsel for the Kerala State Waqf Board, Mr.Jamsheed Hafiz accepts notice for the respondent and submitted that the Board would not be averse in taking a call on the representation, in accordance with law.

Without expressing any opinion on the merits of the matter, We dispose of the writ petition with a direction to the Waqf Board to decide the representation Ext.P4 dated 18.4.2024, as expeditiously as possible within a period of one month from the date of receipt of a certified copy of this judgment.

Sd/-

AMIT RAWAL JUDGE Sd/-

sab EASWARAN S.

APPENDIX OF WP(C) 29448/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE BYE -LAW OF THE PAZHAYAPALLI MUSLIM JAMA’ATH. CHANGANSSERY WITH ENGLISH TRANSLATION Exhibit P2 TRUE COPY OF THE INTERIM ORDER DATED 21-10-

2022 IN W.P.© NO. 33548/2022 Exhibit P3 TRUE COPY OF THE JUDGEMENT DATED 03-11-2023 IN W.P.©NO. 33548/2022 Exhibit P4 TRUE COPY OF THE REPRESENTATION DTD. 18-04-

2024 SUBMITTED BY THE PETITIONER BEFORE THE

1 ST RESPONDENT WITH ENGLISH TRANSLATION Exhibit P5 TRUE COPY OF THE NOTICE DATED 11-06- 2024 ISSUED BY THE 1 ST RESPONDENT TO THE 2 ND

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