LAWS(KER)-2017-3-35

MOOZHIKKAL ABOOBACKER, S/O.MUHAMMEDKUTTY, AGED 64 YEARS, MOOZHIKKAL HOUSE, KUTTISSERICHINA, A.R. NAGAR P.O., TIRURANGADI, MALAPPURAM DISTRICT Vs. THE DISTRICT REGISTRAR (GENERAL), OFFICE OF THE DISTRICT REGISTRAR, MALAPPURAM, PIN

Decided On March 01, 2017
Moozhikkal Aboobacker, S/O.Muhammedkutty, Aged 64 Years, Moozhikkal House, Kuttisserichina, A.R. Nagar P.O., Tirurangadi, Malappuram District Appellant
V/S
The District Registrar (General), Office Of The District Registrar, Malappuram, Pin Respondents

JUDGEMENT

(1.) On its facade, this litigation presents itself in the habiliments of the provisions of the Societies Registration Act, 1860 ('the Act' for brevity). However, at its core I see that the fracas between the parties essentially is on account of the dialectical interests relating to the temporalities and the management, control and possession of a Mosque by name 'Masjidul Nooriya' and its Wakf properties.

(2.) The petitioner is seen to have approached this Court in this writ petition against an order which appears to be one issued by the competent authority under the Act accepting and approving the list of members of the managing committee of the second respondent society, as is required under Sec. 4 of the Act.

(3.) At the heart of it, all what the petitioner is trying to do is to prove that the second respondent society has been operating illegally and that they are trying to take control of the Mosque by projecting themselves to be the society competent to do so. The order that is impugned in this writ petition is Exhibit P7 and it has been assailed by the petitioner on various grounds.