JUDGMENT

The petitioners have approached this Court seeking a direction to the 3rd respondent to consider SM No.1081/2022, pending before the Land Tribunal, Irinjalakkuda and to issue Patta(Purchase Certificate) to the petitioners.

2. It is averred that the petitioners obtained 9.75 cents of land in Sy. No.306/3 of Kaipamangalam Village by way of partition of their family property as per Ext.P1. The petitioners decided to sell the property as the 1st petitioner has to undergo a surgery and had to raise money for the same. Thereupon the petitioners came to know that patta has not been issued in respect of the property. Accordingly Ext.P2 application was submitted for the issuance of patta, which is stated to be pending consideration before the 3rd respondent. It is further contended that the 3rd respondent has considered the application for the issuance of patta and all the formalities were completed including obtaining report of the Village Officer. But no orders have been passed for the reason that C.R.P. No.318/2014 and connected cases are pending consideration and till a decision is taken on the said proceedings, the application cannot be considered. The petitioners submit that because of Ext.P5 letter submitted by the additional 6th respondent that further proceedings have not been initiated.

3. The learned Government Pleader on the basis of the counter affidavit filed by the 3rd respondent would submit that it is on the basis of Ext.P5 letter issued by the additional 6th respondent intimating that C.R.P.No.318/2014 and connected cases are pending consideration for cancellation of the allowed patta as per S.M.No.1081/2022, the application submitted by the petitioners has not been considered.

4. The petitioner also relies on Ext.P7 document which is issued by the Kerala State Waqf Board, wherein it is stated that the subject properties are not in their ownership. But the learned counsel for the Waqf Board on the basis of the counter affidavit filed submits that the Waqf Board has sufficient documents/records to substantiate their claim. The learned counsel also relying on Section 85 of the Kerala Waqf Act, 1995 would submit that therei is bar of jurisdiction of civil courts, revenue court or any other authority dealing with any waqf, waqf property other than the tribunal constituted in this regard.

Whatever that be, going by the contentions of the petitioners, SLNo.474/2022(SM 1081/2022) is now pending consideration before the 3rd respondent Land Tribunal. Therefore, the above writ petition is disposed of with a direction to the 3rd respondent to dispose of SLNo.474/2022(SM 1081/2022) in accordance with law at any rate, within an outer limit of three months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioners and the additional 6th respondent. The petitioners submit that an application to implead the additional 6th respondent in the said proceedings will be filed. The contentions of the petitioners and the additional 6th respondent shall be duly adverted to by the 3rd respondent while finalising the above said proceedings, especially the contention raised on the basis of Section 85 of the Kerala Waqf Act.

Sd/- VIJU ABRAHAM JUDGE sm/

APPENDIX OF WP(C) 8053/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PARTITION DEED DATED

28.05.2022 Exhibit P2 A TRUE RECEIPT ISSUED FROM THE 3RD RESPONDENT OFFICE DATED 21.10.2022 Exhibit P3 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE 5TH RESPONDENT DECLARING THE POSSESSION OF THE PROPERTY Exhibit P4 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS DATED

21.10.2022 Exhibit P5 A TRUE COPY OF THE LETTER DATED

26.11.2022 OF DIVISIONAL WAKF OFFICER, THRISSUR Exhibit P6 A true copy of the sale deed dated

10.08.1959 Exhibit P7 A true copy of the application and it s reply by the waqf Board dated 29.08.2017