WP(C) NO. 14010 OF 2019 1 2025:KER:27989 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 14010 OF 2019 PETITIONER: IBRAHIMKUTTY HAJI AGED 69 YEARS S/O. MOIDENKUTTY HAJI, PALASSERY MATTUMMAL HOUSE, CHEMMAD, TRIKKULAM AMSOM DESOM, POST TIRURANGADI, MALAPPURAM DISTRICT,PIN-676 306 BY ADVS. T.KRISHNANUNNI (SR.) SRI.VINOD RAVINDRANATH SMT.MEENA.A. SMT.M.R.MINI SRI.ASHWIN SATHYANATH SRI.ROHIT NANDAKUMAR RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY LAW SECRETARY, THIRUVANANTHAPURAM,PIN-695 001 2 SAYYED IBRAHIM-UL KHALEEL THANGAL, S/O. AHAMMED BUKHARI, VALLIKUNNU AMSOM, KADALUNDI DESOM, MALAPPURAM DISTRICT, PIN-673 302 3 O.K.ABDULLAKUTTY MAKDOOMI, S/O.MOODAKUTTY MUSALIYAR, KAZHI HOUSE, AZAD NAGAR, TIRURANGADI POST, MALAPPURAM ,PIN-676 306 BY ADVS. GOVERNMENT PLEADER SRI.G.SREEKUMAR (CHELUR) WP(C) NO. 14010 OF 2019 2 2025:KER:27989 OTHER PRESENT: SMT.SURYA BINOY, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 14010 OF 2019 3 2025:KER:27989 MOHAMMED NIAS C.P., J ............................................................ WP(C)No.14010 of 2019 ............................................................. Dated this the 02nd day of April, 2025 JUDGMENT The petitioner challenges the appointment of the 2nd respondent as a Kazi for the local area comprised in Tirurangadi Municipality Divisions 9, 10 and 24 to 31 of Tirurangadi Village in Tirurangadi Taluk of Malappuram District. He challenges Ext.P1 appointment, contending that the same was issued without following the legal formalities and that apart from a very few persons in the locality, the majority never wanted the 2nd respondent to be appointed as the Kazi of the area and that the 3rd respondent was functioning as the Kazi. 2. A reading of Ext.P1 shows that the Government received a considerable number of representations expressing their desire to appoint the 2nd respondent as the Kazi and after examining the various representations received from the Principal Mohammedan residents of the locality and being WP(C) NO. 14010 OF 2019 4 2025:KER:27989 satisfied appointed as the 2nd respondent as Kazi in exercise of the powers under Section 2 of the Kazis Act, 1880 (for short the Act). The petitioner had also filed O.S No.77 of 2019 before the Munsiff Court, Parappanangadi, as seen from Ext.P2 plaint, seeking an injunction restraining the defendants from appointing any person as Kazi in the Tirurangadi or Chemmad Mahal unless the people in the said area agreed. A statement is filed on behalf of the 1st respondent stating that in view of Section 2 of the Act, power is vested with the Government to appoint the Kazis and if any question arises whether any person has been rightly appointed as Kazi under this Section, the decision thereof of the State Government shall be conclusive. It also enables the Government to appoint more than one Kazi for a particular area. It is also stated that there is no procedure stated in the Act for making an appointment as Kazi. True, there is no procedure as such prescribed under Section 2, and no grounds are pointed out as such to find Ext.P1 appointment as illegal. No interim order was passed by this Court, and the 2nd respondent has been functioning since Ext.P1. Under such circumstances, the only option available to the WP(C) NO. 14010 OF 2019 5 2025:KER:27989 petitioner is to move the Government, if so advised, for removing the 2nd respondent on the grounds mentioned under Section 2, if the same is made out. I do not find any merit in this writ petition and the same is dismissed without prejudice to any of the contentions of the petitioner in the suit filed by him and referred to above. Sd/- MOHAMMED NIAS C.P. JUDGE Anu WP(C) NO. 14010 OF 2019 6 2025:KER:27989 APPENDIX OF WP(C) 14010/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE NOTIFICATION DATED 06.03.2019 APPOINTING 2ND RESPONDENT AS KAZI EXHIBIT P2 TRUE COPY OF THE PLAINT IN O.S.NO.77/2019 ON THE FILE OF TH COURT OF THE MUNSIFF OF PARAPPANGADI DATED 20.3.2019