CHUNAKKARA VADAKKUNURUL ISLAM JAMA ATH Vs. M HANEEFA

JUDGEMENT

(1.) THIS Original Petition is filed under Article 227 of the Constitution challenging Ext.P1. Ext.P1 is the order passed by the Wakf Tribunal, Kollam restraining the petitioners from causing any obstruction to the Ist respondent in participating the general body meeting of the Ist petitioner Jama-ath and from availing the benefits as a beneficiary of the Ist petitioner Jama-ath till the disposal of the suit.

(2.) BRIEF facts of the case are as follows: The Ist petitioner is Chunakkara Vadakk Nurul Islam Jama-ath and petitioners 2 to 4 are the office bearers of the Managing Committee of the Ist petitioner. The Ist respondent is a member of the Jama-ath. He was acting against the interest of the Jama-ath. First respondent filed O.P.No.126/2010 before the Wakf Board against the petitioners raising false allegations. The general body committee held on 6.3.2011 decided to issue a show cause notice to him. But, he did not give any explanation. The committee held on 29.11.2011 decided to issue a charge memo to him. He was suspended from 29.4.2011. True copy of the charge memo and suspension order is produced as Ext.P3. On receipt of Ext.P3, he rushed to the Wakf Tribunal, Kollam and filed O.S.No.13/2011 against the petitioners for declaration that the decision taken by the petitioners herein are illegal and for a prohibitory injunction restraining the petitioners from causing any obstruction to him in enjoying the benefits as a member of the Jama-ath and from participating the general body meeting. He also sought interim relief.

(3.) WE must remind ourselves that this is a petition filed under Article 227 of the Constitution. A petition filed under Article 227 is not an appeal and there cannot be any question of re-hearing of the matter as in an appeal. In such circumstances, we would think that the petitioners have not made out any case for our interference with the order granting interim relief to the Ist respondent. The Original Petition fails, and it is dismissed.