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2025 Supreme(Online)(Ker) 56815
IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ
MUHAMMED V.V – Appellant
Versus
PUTHANPALLI JAARAM & MADRASSA PARIPAALANA COMMITTEE – Respondent
W.P.(C)NO.32779 OF 2025
For the Appellants/Petitioners: SHRI.MOHAMMED ASHRAF, SHRI.G.SREEKUMAR
For the Respondents: SHRI.E.C.AHAMED FAZIL, SRI.R.RAMADAS, SMT.FATHIMA ABOOBACKER P.
Writ petitions under Article 226 can be dismissed as withdrawn when similar relief has been previously sought and is unresolved.
Headnote:The petitioner filed a writ petition under Article 226 seeking a mandamus against the Kerala State Waqf Board for timely disposal of pending applications related to waqf properties. The court observed that the petitioner had previously sought similar relief, leading to dismissal as withdrawn. Resulting interim orders were vacated.
| Table of Content |
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| 1. court's observation on previous similar petition. (Para 4) |
| 2. withdrawal of writ petition. (Para 5 , 6) |
Anil K. Narendran, J.
The petitioner has filed this writ petition under Article 226 of the Constitution of India , seeking a writ of mandamus commanding the 7th respondent Kerala State Waqf Board to dispose of O.P.No.287 of 2023 along with I.A.No.423 of 2023 and I.A.No.515 of 2024 within a time frame fixed by this Court and an order directing the respondents that no construction, alteration, alienation, or any other activity be carried out on the property covered under Ext.P1 waqf deed dated 23.04.1937, and restraining respondents 1 to 6 or their men, agents, or assigns from interfering with the waqf property, until the disposal of Ext.P3 interim application pending before the Waqf Board. 2. On 11.09.2025, when this writ petition came up for admission, a Division Bench of this Court passed the following order;
“This Court had, in the judgment dated 10.04.2025 Ext.P6 rendered in W.P.(C)No.14879 of 2025 issued a direction to the Waqf Board to decide the interim applications bearing No.423 of 2023 and 515 of 2024 in pending O.P.No.287 of 2023. However, no headway has been made and compelled to file the present writ petition.
Issue notice before admission. In the meantime, the construction carried out by respondent Nos.4 to 6 is ordered to be stayed.”
3. The 6th respondent has filed a counter affidavit dated
31.10.2025, opposing the reliefs sought for, in this writ petition, producing therewith Exts.R6(a) to R6(h) documents.
4. On 03.11.2025, when this writ petition came up for consideration, this Court passed the following order;
“The learned counsel for respondents 1 to 3 and also the learned counsel for the 6th respondent would submit that this writ petition is nothing but an abuse of process of Court, since the petitioner had earlier approached this Court in W.P.(C)No.14879 of 2025, seeking the very same relief, which was disposed of by Ext.P6 judgment dated
10.04.2025.
2. The learned counsel for the petitioner seeks adjournment.” (underline supplied)
5. Heard the learned counsel for the petitioner, the learned counsel for respondents 1 to 3, the learned counsel for the 6th respondent and also the learned Standing Counsel for the Kerala State Waqf Board for the 7th respondent.
6. The learned counsel for the petitioner, who appeared online, seeks permission to withdraw this writ petition.
Based on aforesaid submission made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn. Consequently, the interim order dated 11.09.2025 will stand vacated.
