KUNHAMMED Vs. VATAKARA THOTTUMUKAM MASJID

JUDGEMENT

(1.) Defendants 3 and 4 in a suit for injunction are the revision petitioners. First respondent herein was the plaintiff in the suit.

(2.) The plaintiff, a Committee registered under the Societies Registration Act, filed the suit in respect of Thottumukkam masjid and makham, which, admittedly, were managed by the karanavar of Thottumukkam tharwad. According to the plaintiff, the karanavar who was entrusted with the administration and management of the masjid and makham was unable to look after the masjid and makham and as a result, the masjid and makham became dilapidated. In the year 2002, the Sunni believers who were residing within the local jurisdiction of Thottumukkam masjid decided to form a committee to manage the masjid and makham. Accordingly, the plaintiff Committee was formed to manage the masjid and makham. It is also stated by the plaintiff that the karanavar of the tharwad expressed his inability to manage the masjid and makham and relegated his right of Muthavalliship of the masjid and makham in favour of the plaintiff Committee. To evidence this, the plaintiff produced Ext.A17. The plaintiff Committee initiated renovation of the masjid by collecting fund from the public and while the renovation work is in progress, the third defendant raised a false complaint before the Wakf Board. It is also stated that the defendants have made unlawful claim over the administration and management of the masjid and makham. Apprehending intervention of the defendants with the right of the plaintiff to manage the masjid and makham and also fearing that renovation works would be stalled at the instance of the defendants, the suit was filed.

(3.) Defendants 1 and 2 filed a written statement and contended that they are unnecessary parties to the suit. However, in the written statement they denied the plaintiff's right to manage the masjid and makham. It is also contended by them that the suit is bad for non-jointer of necessary parties including Wakf Board.