PUNNOL MAHAL MUSLIM JAMATH COMMITTEE Vs. SHAMEER

JUDGEMENT

(1.) This Original petition is filed by Punnol Mahal Muslim Jamath Committee, Punnol, represented by its President, challenging Ext.P10 order passed by the Waqf Board. The respondents herein had preferred O.P. No. 77 of 2022 before the Waqf. with a prayer to conduct an investigation on the basis of the audit report of the year 2014-2015 pertaining to a committee and also to take action against the 2nd and 3rd respondents and others who were in charge and who have committed financial manipulation and irregularities. There is also a prayer to appoint an executive officer for the above Waqf to protect its properties.

(2.) The Waqf Board had earlier allowed the said application by Ext. P7 order appointing an executive officer which was challenged before this Court in O.P. Waqf No. 35 of 2022. By judgment dtd. 6/12/2022, the said order was set aside, and the Board was directed to consider the application for appointment of the Executive Officer afresh after hearing both sides. After consideration as directed by this Court, the Board passed Ext. P10 order on 15/3/2023, again appointing an Executive Officer. It is the said order that is challenged in the above OP Waqf.

(3.) Learned counsel for the petitioner Sri. T.P. Sajid argues that Ext. P10 order is not in consonance with the directions issued by this Court in Ext. P9 judgment. He also argues that though two members of the Waqf Board dissented with the order of the majority, their dissent order is not incorporated in Ext. P10 order, and he had obtained the same and is produced as Ext. P11. In such circumstances, the learned counsel for the petitioner argues that though Ext. P10 order can be challenged before the Tribunal, this Court may entertain the original petition and consider the matter on merits.