ABDUL SAMAD Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed seeking the following reliefs:

(2.) The pleadings disclose that a final order evidenced by Ext.R1 (c) has been passed on 24.12.2008 pursuant to Ext.P7 notice dated 21.11.2008 issued by the Tahsildar, Taliparamba. Therefore, the first relief sought has become infructuous. As regards the second relief, this Court has by order passed on 30.12.2008 permitted the petitioner to pay tax in respect of the property described in Ext.P2 sale notice subject to the conditions stipulated in Ext.R1 ( c) order. One of the conditions stipulated in Ext.R1 ( c) order is that payment of tax will be subject to the outcome of O.P.No.4 of 2008 pending before the Wakf Tribunal, Kozhikode. Certain other conditions are also stipulated in Ext.R1 ( c). In the light of the terms and conditions set out in Ext.R1 ( c), I am of the opinion that the interim order passed by this Court on 3.2.2009 should continue to operate subject to the decision of the Wakf Tribunal, Kozhikode in O.P.No.4 of 2008 to which the petitioner and first respondent herein are parties. Therefore, the second relief cannot be granted.

(3.) As regards the third prayer, the learned counsel appearing for the first respondent submits that the Wakf Tribunal, Kozhikode heard O.P.No.4 of 2008 and that it is posted for orders to 17.11.2009. In the light of the said submission, I dispose of this writ petition with a direction that the collection of tax from the first respondent and transfer of registry in favour of the first respondent will be subject to the decision of the Wakf Tribunal, Kozhikode in O.P.No.4 of 2008. In other words, the rights of the parties will be governed by the decision of the Wakf Tribunal, Kozhikode in O.P.No.4 of 2008.