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2017 Supreme(Ker) 1234

C.T.RAVIKUMAR, ANIL K.NARENDRAN
T. P. Kunhikoyamutty Secretary Puthan Peedika Palli Paripalana Committee – Appellant
Versus
A. P. Muhammed Kutty S/o. Assamutty Marakkar – Respondent


Advocates Appeared:
For the Petitioners: Advs. Sri. P.B. Krishnan, Sri. N. Ajith, Smt. Geetha P. Menon, Sri. P.B. Subramanyan
For the Respondents: Adv. Sri. B. Krishnan, Adv. Sri. R. Parthasarathy, Adv. Sri. K. Shibili Naha, SC, Kerala State Wakf Board, Sri. A.A. Abul Hassan, SC, Wakf Board

ORDER :

ANIL K. NARENDRAN, J.

1. This civil revision petition filed under the proviso to sub-section (9) of Section 83 of the Waqf Act, 1995 arises out of the judgment of the Waqf Tribunal, Kozhikode, dated 24.12.2011 in O.S.No.11/2011. The revision petitioners, namely, Puthan Peedika Palli Paripalana Committee, a Society Registered under the Societies Registration Act, 1860 and its Secretary are the plaintiffs in the said suit filed before the Waqf Tribunal seeking a declaration that the 2nd plaintiff committee is the mutawalli of the plaint schedule properties covered by Ext.B1 waqf deed bearing No.192/1958 dated 3.2.1958 and the institutions situated therein; and a permanent prohibitory injunction restraining the 1st defendant (1st respondent herein) from interfering with the administration of the waqf.

2. The plaintiffs' case in brief is as follows; The plaint schedule properties were dedicated by one Biriyankutty Umma, daughter of Chakkiri Moideen Kutty, as per Ext.B1 waqf deed. The waqif appointed one Assamukutty Marakkar (son-in-law of her son) as the mutawalli. Velunthamannil Parambil Palli is situated in plaint schedule item No.1. Plaint schedule item No.2 is a garden land, a

















































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