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T.M.Abdul Salam

High Court Of Kerala|26 May, 2014
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JUDGMENT / ORDER

Petitioner is a member of the 6th respondent Jama-ath and seeks the following relief:
“i) Issue a writ of mandamus or any other appropriate writ order or direction commanding the 4th and 5th respondents to conduct survey and submit report as requested by the 2nd respondent in Exhibit P-1 within a time frame fixed by this Hon’ble Court.”
2. According to the petitioner, the property belonging to the 6th respondent has been sold without permission from the 1st respondent. On the complaint of the petitioner, the 1st respondent has issued letter dated 30/09/2010 (Ext.P1) to the Tahsildar, Kanayannur Taluk to take necessary measures to conduct survey of the property and obtain sketch of the property along with the names of the previous and present W.P.C.No.31881/2013 & 31888/2013 2 possessors of the property. The complaint of the petitioner is that, so far no action has been taken by the revenue authorities despite Ext.P1. Hence the petitioner seeks for the relief, as prayed for.
3. Having gone through the averments in the writ petition and after hearing the learned counsel for the petitioner, learned counsel appearing for the 1st respondent and the learned Government Pleader, I am of the view that this is an instance where Wakf Board itself has to take appropriate action in accordance with the procedure prescribed. As far as the petitioner is concerned, he has ventilated a complaint against the 6th respondent regarding the illegal transfer of property without permission from the Wakf Board. Hence, I am of the view that this writ petition can be disposed of as under:
1st respondent is directed to make necessary enquiry into the allegations raised in the complaint raised by the petitioner and appropriate steps have to be taken and the W.P.C.No.31881/2013 & 31888/2013 3 outcome of the enquiry has to be informed to the petitioner within a period of four months on receipt of a copy of the judgment.
(sd/-) (A.M.SHAFFIQUE, JUDGE) jsr
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Title

T.M.Abdul Salam

Court

High Court Of Kerala

JudgmentDate
26 May, 2014
Judges
  • A M Shaffique
Advocates
  • K B Arunkumar Sri Ranjit
  • Babu