Mohan M. Shantanagoudar, J. - (1.) Interlocutory Application No. 93605 of 2018 in Civil Appeal No. 9586 of 2010 for deleting the names of appellant Nos. 3 and 4 and respondent No. 7 from the array of parties is allowed.
(2.) These appeals arise out of the judgment dated 18.12.2007 of the High Court of Kerala at Ernakulam in C.R.P. Nos. 460/2006 and 462/2006. By the impugned judgement, the High Court decreed O.S. No. 1/1998 and dismissed O.S. No. 1/2001. It is relevant to note that O.S. No. 1/1998 was filed by the common respondents in these appeals, whereas O.S. No. 1/2001 was filed by the appellants in C.A. Nos. 9587/2010 and 9588/2010.
(3.) The present dispute pertains to the office of mutawalli of the Andrott Jumah mosque situated in Lakshadweep. The mosque is presently a public waqf registered with the Lakshadweep Waqf Board. The respondents herein are the seniormost male members of the different thavazhies (branches of descendants through the female line) of the Pattakal family. They claim to be the descendants of one Saint Ubaidulla, who is stated to have built the Andrott Jumah mosque, and who was its first mutawalli. Thus, they claim that by customary tradition, the office of the mutawalli of the mosque is vested with their family. It is their case that the members of the family choose the mutawalli from amongst themselves, and Respondent No. 1 is functioning as the present mutawalli of the mosque. The appellants in C.A. No. 9586/2010 are members of the Aliyathammuda tharawad and claim to be the khateebs (sermon-givers) in the mosque. The appellants in the connected appeals C.A. Nos. 9587/2010 and 9588/2010 claim to be suing as representatives of residents of Andrott Island, Lakshadweep. The common contention of the appellants in these three appeals is that the Jumah mosque was built by the inhabitants of Andrott island and was first administered by the 'Amin and Karanavan' system (i.e. by the executive officer assisted by the nominated heads of local families), and subsequently by a committee of elected public representatives from 1966-1972. The president of such committee from 1966-1972 was the respondents' predecessor Pattakal Koyammakoya Thangal, who was removed from presidency in 1974 after a dispute arose. It may be noted that while the appellants in C.A. No. 9586/2010 claim that the system of management by an elected committee continued after the dispute, the appellants in connected appeals C.A. Nos. 9587/2010 and 9588/2010 claim that due to this dispute, management of the mosque broke down. However, their common claim is that the respondents never had a customary right to the office of mutawalli, and the right to select the mutawalli should vest with the people of the local area.;