D. SYED YOUSUFF SAHIB Vs. ANWHAR RAAJHAA

JUDGEMENT

(1.) The contempt petition has been filed alleging that the order passed by this Court on 12.02.2018 in W.P.No.5834 of 2016 has been willfully disobeyed by the fourth respondent.

(2.) According to the petitioner, earlier the petitioner filed a writ petition in W.P.No.729 of 2014, wherein this Court by an order dated 01.07.2014 directed the Wakf Board to consider the petitioner's claim to appoint him as Hereditary Muthavalli. But without considering the order passed by this Court, the respondent-Wakf Bard ordered a direct management on 29.05.2015. Challenging the above order passed by the second respondent-Wakf Board, the petitioner filed W.P.No.5834 of 2016, on the ground that the second respondent has passed the order without considering the petitioner's claim and without appointing him as hereditary Muthavalli. This Court, after considering the rival submissions, by an order dated 12.02.2018, directed the Wakf Board to consider the petitioner's application on merits and in accordance with law within a period of 3 weeks from the date of receipt of a copy of this order after giving opportunity to the petitioner. The relevant portion of the order reads as follows :-

(3.) The learned counsel for the petitioner would submit that when the petitioner's earlier application seeking to appoint him as a hereditary Muthavalli was not considered, this Court in W.P.No.729 of 2014 dated 01.07.2014, has specifically directed the respondent-Wakf Board to consider the petitioner's application and pass orders on merits. However, without considering that order, earlier the Wakf Board has passed an order dated 29.05.2015 ordering direct management. When that order has been put to challenge by the petitioner, this Court directed the respondent- Wakf Board to pass orders on the petitioner's application on merits after giving due opportunity of personal hearing to the petitioner. Once again, now the respondent-Wakf Board, without considering the petitioner's claim for appointing them as hereditary Muthavalli, simply appointed an another committee, which is nothing, but wilful disobedience of the order passed by this Court.