2025:KER:27036 W.P.(C)No.5704 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 5704 OF 2025 PETITIONER: 1 CHAPPANANGADI BAPPU MUSLIYAR SMARAKA YATHEEMKHANA COMMITTEE REPRESENTED BY ITS SECRETARY , VILYIL PARAPPURAM P.O, VILAYIL,MALAPPURAM, PIN - 673641 2 K.V ALAVIKUTTY AGED 64 YEARS SECRETARY CHAPPANANGADI BAPPU MUSLIYAR SMARAKA YATHEEMKHANA COMMITTEE VILAYIL P.O, PARAPPUR, RESIDING AT KAVUNGAL PARAPPUR VILAYIL P.O, MUTHUVALLUR MALAPPURAM, PIN - 673641 BY ADVS. SAYED MANSOOR BAFAKHY THANGAL SHIBU JOSEPH HAIRA SARATH VISWANATHAN AMAN MANZOOR P.VISWANATHAN (SR.)(K/000283/1986) RESPONDENTS: 1 DISTRICT REGISTRAR REGISTRAR(GENERAL), OFFICE OF THE DISTRICT REGISTRAR,MALAPPURAM, PIN - 676504 2025:KER:27036 W.P.(C)No.5704 of 2025 2 2 ALAVI HAJI K.P S/O MUHAMMED MUSLIYAR, PALANGATHOUSE, PALLIMUKKU,PARAPPUR P.O, VILAYIL, MALAPPURAM, PIN - 673641 BY ADV R.RAMADAS GP SRI B S SYAMANTHAK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27036 W.P.(C)No.5704 of 2025 3 C.S.DIAS,J -------------------------------------------- W.P.(C).No. 5704 of 2025 --------------------------------------------- Dated this the 27th day of March, 2025 JUDGMENT The writ petition is filed to quash Ext.P20 letter issued by the 1st respondent. 2. When the writ petition came up for consideration on 13.02.2025, this Court passed the following order :- “ On a consideration of the law laid down by the Hon’ble Supreme Court in A.P. Aboobaker Musaliar v. District Registrar (G), Kozhikode and others [2004 KHC 1830], I am satisfied that the petitioners have made out prima facie case for an ad- interim order. Hence, I stay the operation and implementation of Ext.P20 letter, for a period of three weeks. Post on 06.03.2025.” 3. Heard; the learned Senior Counsel for the petitioners, the learned Government Pleader and the 2025:KER:27036 W.P.(C)No.5704 of 2025 4 learned Senior Counsel appearing for the 2nd respondent. 4. The learned Senior Counsel appearing for the petitioners submits that, subsequent to the passing of the interim order dated 13.02.2025, the petitioners have filed O.S.No.50/2025 before the Court of the Munsiff, Manjeri. In view of the filing of the suit, the petitioners are no longer desirous of prosecuting the writ petition. Therefore, the writ petition may be dismissed as withdrawn, without prejudice to the right of the petitioners to work out their remedies before the Civil Court. Recording the above submission, the writ petition is dismissed as withdrawn. Sd/- C.S.DIAS SCB.27.03.25. JUDGE 2025:KER:27036 W.P.(C)No.5704 of 2025 5 APPENDIX OF WP(C) 5704/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE PHOTOSTAT COPY OF THE CERTIFICATE OF REGISTRATION UNDER THE SOCIETIES REGISTRATION ACT, 1860 DATED 25-04-1985 ISSUED BY THE 1ST RESPONDENT Exhibit P2 THE TRUE PHOTOSTAT COPY OF BYELAW OF 1ST PETITIONER Exhibit P3 THE TRUE PHOTOSTAT COPY OF THE EXTRACT OF MINUTES BOOK OF 1ST PETITIONER, SHOWING PROCEEDING ON 31-03-2023 Exhibit P4 THE TRUE PHOTOSTAT COPY OF THE ANNUAL LIST OF THE GOVERNING BODY FOR THE YEAR 2012-2013 WITH THE ENDORSEMENT OF 1ST RESPONDENT FOR THE YEAR 1999-2000 TO 2012-2013 Exhibit P5 THE TRUE PHOTOSTAT COPY OF THE ANNUAL LIST OF THE MANAGING BODY FOR THE PERIOD OF 2013-2014 TO 2023-2024, SUBMITTED ALONG WITH A COVERING LETTER DATED 25-09-2024, BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P6 THE TRUE PHOTOSTAT COPY OF THE RECEIPT DATED 25-09-2024 ISSUED BY THE 1ST RESPONDENT Exhibit P7 THE TRUE PHOTOSTAT COPY OF THE LIST OF THE ANNUAL GOVERNING BODY FOR THE YEAR 2023-2024 ALONG WITH THE COVERING LETTER DATED 04-10-2023 SUBMITTED BY THE 2ND RESPONDENT Exhibit P8 THE TRUE PHOTOSTAT COPY OF ENDORSED CERTIFIED COPY OF LIST OF THE GOVERNING BODY OF THE 1ST PETITIONER ISSUED BY 2025:KER:27036 W.P.(C)No.5704 of 2025 6 THE 1ST RESPONDENT Exhibit P9 THE TRUE PHOTOSTAT COPY OF THE LETTER DATED 17-11-2023 ISSUED BY THE 1ST RESPONDENT Exhibit P10 THE TRUE PHOTOSTAT COPY OF JUDGMENT DATED 28-02-2024 PASSED IN W.P(C) NO.39910 OF 2023 Exhibit P11 THE TRUE PHOTOSTAT COPY OF ANNUAL LIST OF GOVERNING BODY FOR THE YEAR 2013- 2014 TO 2023-2024 ALONG WITH THE COVERING LETTER DATED 30-04-2024 Exhibit P12 THE TRUE PHOTOSTAT COPY OF THE HEARING NOTICE DATED 15-05-2024 ISSUED BY THE 1ST RESPONDENT Exhibit P13 THE TRUE PHOTOSTAT COPY OF THE STATEMENT DATED 26-06-2024 FILED ON BEHALF OF THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P14 THE TRUE PHOTOSTAT COPY OF THE LETTER SENT BY THE PRESIDENT TO THE 1ST RESPONDENT DATED 01.07.2024 Exhibit P15 THE TRUE PHOTOSTAT COPY OF LIST OF GOVERNING BODY FOR THE YEAR 2024-2025 SUBMITTED BY THE 2ND PETITIONER DATED 10.07.2024 Exhibit P16 THE TRUE PHOTOSTAT COPY OF THE ORDER DATED 11-09-2024 PASSED BY THE 1ST RESPONDENT Exhibit P17 THE TRUE PHOTOSTAT COPY OF JUDGMENT DATED 14-10-2024 PASSED IN W.P(C) NO.35833 OF 2024, BY THIS HON’BLE COURT Exhibit P18 THE TRUE PHOTOSTAT COPY OF ORDER DATED 06-11-2024 PASSED IN R.P NO.1143 OF 2025:KER:27036 W.P.(C)No.5704 of 2025 7 2024 Exhibit P19 THE TRUE PHOTOSTAT COPY OF STATEMENT DATED 02-12-2024, ALONG WITH LIST OF DOCUMENTS, SUBMITTED BY THE 2ND PETITIONER BEFORE 1ST RESPONDENT Exhibit P20 THE TRUE PHOTOSTAT COPY OF LETTER DATED 02-01-2025 SENT BY 1ST RESPONDENT TO THE 2ND PETITIONER Exhibit P21 THE TRUE PHOTOSTAT COPY OF COMPLAINT DATED 08-05-2024 FILED BY 2ND RESPONDENT BEFORE SUPERINTENDENT OF POLICE, MALAPPURAM Exhibit P22 THE STATEMENT DATED NIL GIVEN BY THE 2ND RESPONDENT BEFORE THE AREEKODE POLICE Exhibit P23 THE TRUE PHOTOSTAT COPY OF STATEMENT DATED NIL OF 2ND PETITIONER RECORDED BY AREEKODE POLICE Exhibit P24 THE TRUE PHOTOSTAT COPY OF REPORT DATED 12-05-2024 SUBMITTED BY THE INSPECTOR OF POLICE, AREEKODE POLICE STATION BEFORE THE DISTRICT POLICE CHIEF, MALAPPURAM RESPONDENT EXHIBITS Exhibit R2(g) True copy of the Minutes of the Annual General Body Meeting of the 1st petitioner society held on 19.09.2022 Exhibit R2(a) True copy of the Certificate of Registration dated 21.05.2024 issued by the Kerala State Waqf Board Exhibit R2(b) True copy of the enquiry report dated 20.01.2024 submitted by the Wakf Inspector before the Kerala State Waqf 2025:KER:27036 W.P.(C)No.5704 of 2025 8 Board Exhibit R2(c) True copy of the communication dated 06.01.2025 issued by the District Registrar, Malappuram to the 2nd respondent regarding acceptance of list of members submitted by the 2nd respondent Exhibit R2(d) True copy of the land tax receipt dated 02.04.2024 showing the remittance of land tax for the period 2024 – 2025 by the committee headed by the 2nd respondent Exhibit R2(e) True copy of the Possession Certificate dated 22.10.2024 issued by the Village Officer, Muthuvallur to the committee headed by the 2nd respondent Exhibit R2(f) True copy of the letter dated 28.02.2025 to the Deputy Director of Education, Malappuram issued by the Headmaster of the CBMS Yatheem Khana L.P. School functioning under the 1st petitioner Exhibit R2(h) True copy of the Minutes of the working committee meeting of the 1st petitioner society held on 31.03.2023 Exhibit R2(i) True copy of the covering letter together with the list of documents submitted by the 2nd respondent before the 1st respondent on 28.05.2024 Exhibit R2(j) True copy of the income and expenditure statement dated 20.11.2023 filed by the 2nd respondent before the Waqf Board for the period from 01.04.2022 to 31.03.2023 Exhibit R2(k) True copy of the demand notice dated 2025:KER:27036 W.P.(C)No.5704 of 2025 9 04.03.2025 together with receipt dated 04.03.2025 issued by the Divisional Officer of the Kerala State Waqf Board Exhibit R2(l) True copy of the contribution amounting to Rs.5,145/- remitted by the 2nd respondent for the period 2022 – 2023