IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.HARIPRASAD &

THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI MONDAY, THE 02ND DAY OF SEPTEMBER 2019 / 11TH BHADRA, 1941 RP.No.854 OF 2019 IN OP (WAKF). 31/2019 AGAINST THE JUDGMENT DATED 8.8.2019 IN OP (WAKF) NO.31/2019 OF HIGH COURT OF KERALA REVIEW PETITIONERS/RESPONDENTS 1 TO 3:

1 KOTTUMPURAM CENTRAL MAHAL JAMA-ATH KOTTUMPURAM KOTTIYAM, KOLLAM, REPRESENTED BY ITS PRESIDENT, KOTTUMPURAM CENTAL MAHAL JAMA ATH, KOTTUMPURAM KOTTIYAM, KOTTAYAM-691 571

2 THE SECRETARY, KOTTUMPURAM CENTRAL MAHAL JAMA ATH, KOTTUMPURAM, KOTTIYAM, KOLLAM-691 571

3 JASIM,S/O.ABDUL JALEEL, MAMBOO VEEDU, MYLAKKADU.P.O, ADICHANELLOOR, KOLLAM DISTRICT-691 571 BY ADV. SRI.S.SUJIN RESPONDENTS/PETITIONERS 1 AND 2 AND 4TH RESPONDENT:

1 KOTTIYAM MAHALLU MUSLIM JAMA-ATH, KOTTIYAM JUNCTION, N.H.47 ROAD, KOTTIYAM PO, ADICHANALLOOR VILLAGE, KOLLAM, REPRESENTED BY ITS PRESIDENT, ABDUL MANJEED, AGED 65 YEARS, MEDAYIL HOUSE, KOTTIYAM-691 571

2 KOTTIYAM MAHALLU MUSLIM JAMA-ATH, KOTTIYAM JUNCTION, N.H.47 ROAD, KOTTIYAM PO, ADICHANALLOOR VILLAGE, KOLLAM REPRESENTED BY ITS SECRETARY, HARIS.A., KUZHIYALAYIL HOUSE, KOTTIYAM PO-691 571

3 THE KERALA STATE WAKF BOARD, REPRESENTED BY CHIEF EXECUTIVE OFFICER, VIP ROAD, KALOOR, KOCHI-682 017 THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON

02.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

A.HARIPRASAD & R.NARAYANA PISHARADI, JJ.

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R.P.No.854 of 2019 in O.P.(Wakf) No.31 of 2019 --------------------------------------

Dated this the 2^nd day of September, 2019

ORDER

Hariprasad, J.

Heard the learned senior counsel for the review petitioners and learned counsel for contesting respondents. Learned Standing Counsel for the Waqf Board is also heard.

2. This Court as per judgment dated 08.08.2019 disposed of the original petition with following directions:

“In the result, petitioners are permitted to collect amounts on 12.08.2019 from the worshippers attending the Mosque administered by Kottiyam Mahal Muslim Jama-ath. At the petitioners' request Adv.Sri.S.R.Prasanth, member of Kollam District Court Bar Association is appointed Commissioner. He shall be present at the time of taking collection and submit a report through speed post to the Waqf Tribunal, Kozhikode, showing the amount collected on 12.08.2019. He shall be paid Rs.2,500/- (Rupees two thousand five hundred only) as commission batta by the petitioners. The Waqf Board, Kozhikode shall take a decision in Ext.P6 application regarding the manner in which the amount should be disbursed. The Waqf Tribunal also shall dispose of O.S.No.285 of 2019 within a period of two months from the date of production of this judgment. It is also made clear that no further time will be granted for disposal of this case.”

3. Grievance of the review petitioners is that the respondents collected amounts on 12.08.2019 from worshippers attending Kottiyam Mahal Muslim Jama-ath (1^st petitioner in the original petition) and Kottumpuram Central Mahal Jama-ath (1^st respondent in the original petition). This aspect is disputed by the learned counsel for the contesting respondents. It has been specifically directed by this Court that the contesting respondents were permitted to collect amounts only from Kottiyam Mahal Muslim Jama-ath. This Court had also taken care to see that the amounts were collected through the intervention of an advocate commissioner. The amounts so collected is in the custody of the respondents herein. The respondents shall deposit the amounts so collected before the Waqf Tribunal, Kozhikode within a period of two weeks from today.

4. This Court earlier directed the Waqf Tribunal to dispose of the case within two months from the date of production of the judgment. Learned senior counsel appearing for the review petitioners submitted that it may be difficult for the parties to get ready with the matter within two months. Learned senior counsel requests that the Waqf Tribunal may b