7 months ago
2
The Kerala Waqf Board (KWB) volition record a reappraisal petition against the Kerala High Court’s Division Bench bid declaring the contentious Munambam onshore arsenic not a Waqf property.
A two-member Bench consisting of Justice Sushrut Arvind Dharmadhikari and Justice V. M. Shyamkumar had passed the judgement past period successful a writ petition filed by the State authorities challenging a Single Judge’s bid striking down the assignment of an enquiry committee into the Munambam issue.
The KWB volition reason that an mistake was evident connected the look of the judgment, and the Bench exceeded its judicial mandate by passing the bid connected an contented that was ne'er raised by the appellants oregon immoderate different parties to the litigation, sources said.
The State government, the appellant successful the case, had challenged the Single Judge’s bid cancelling the assignment of C.N. Ramachandran Nair arsenic the Commission of Inquiry. The Division Bench, which considered the appeal, transgressed the judicial boundaries successful the lawsuit and decided connected the quality of the disputed property, which nary of the parties to the litigation had raised during the arguments, the committee volition argue, the sources said.
The committee would besides situation the tribunal order, which acceptable speech the registration of the Munambam holding arsenic a Waqf property, and the court’s findings regarding the hold successful registering the holding arsenic a Waqf.
A gathering of the Waqf Board held past week discussed the ineligible sentiment it had received successful the case.
The Division Bench, the KWB would argue, decided connected the ineligible question of the quality of the land, which was primitively to beryllium decided by the Waqf Tribunal, the due judicial forum, they said.
The judicial overreach has besides jeopardised the ineligible mandate of the tribunal earlier which the Munambam onshore lawsuit was pending. The Bench’s bid volition formed a shadiness of undue power implicit the tribunal and whitethorn impact its escaped and just dispensation of justice, the Board volition argue, sources said.
Meanwhile, the Waqf Tribunal volition see the Munambam lawsuit aboriginal this week.
The tribunal, headed by District Judge T. K. Minimol, volition perceive the contentions of the committee and the ineligible heirs of Mohammed Siddique Sait, who gave the disputed onshore to Farook College, Kozhikode, connected November 6. The tribunal had precocious allowed the residents of Munambam to situation the board’s determination successful registering the onshore arsenic Waqf.
The Farook College, Kozhikode, too, had challenged the determination of the Board. The forum volition perceive and dispose of each the petitions together, the sources said.
