Kerala High Court
M.C. Muthukoya vs Lakshadweep State Wakf Board on 10 July, 2025
Author: Amit Rawal
Bench: Amit Rawal
2025:KER:51146
WP(C) NO. 23420 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN
THURSDAY, THE 10TH DAY OF JULY 2025 / 19TH ASHADHA, 1947
WP(C) NO. 23420 OF 2025
PETITIONER/S:
M.C. MUTHUKOYA,
AGED 73 YEARS
S/O. KOYAMMA MALMI, PENSIONER, RESIDING AT 'PALACE',
M.S. ROAD, KAVARATTI ISLAND, UNION TERRITORY OF
LAKSHADWEEP., PIN - 682555
BY ADVS.
SHRI.M.P.RAMNATH
SHRI.P.RAJESH (KOTTAKKAL)
SRI.K.J.SEBASTIAN
SEI.M.VARGHESE VARGHESE
SMT.UMA R.KAMATH
SMT.S.SANDHYA
SHRI.BEPIN PAUL
SRI.SHALU VARGHESE
SRI.ANTONY THARIAN
SMT.SHANTHI JOHN
RESPONDENT/S:
1 LAKSHADWEEP STATE WAKF BOARD,
REPRESENTED BY CHIEF EXECUTIVE OFFICER, KAVARATHI,
LAKSHADWEEP, PIN - 682555
2 THE CHIEF EXECUTIVE OFFICER,
LAKSHADWEEP STATE WAKF BOARD, KAVARATHI,
LAKSHADWEEP, PIN - 682555
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WP(C) NO. 23420 OF 2025
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3 THE CHAIRMAN,
LAKSHADWEEP STATE WAKF BOARD, KAVARATHI,
LAKSHADWEEP, PIN - 682555
4 THE DEPUTY COLLECTOR,
EXECUTIVE MAGISTRATE (EARLIER SUB DIVISIONAL
OFFICER), KAVARATHI, LAKSHADWEEP, PIN - 682555
5 THE DEPUTY SURVEYOR,
SURVEY & SETTLEMENT DEPARTMENT, KAVARATHI,
LAKSHADWEEP, PIN - 682555
BY ADV SHRI.K.S.PRENJITH KUMAR, CGC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
10.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Amit Rawal, J.
We had on 3.7.2025 passed a detailed order. The same reads as under:
The grievance of the petitioner in the present writ petition, in short, is enumerated in the reliefs portion, which is read as under: "A) Issue a writ in the nature of Mandamus or such other writs or orders directing the respondents 1 to 3 to effect the change in the extent of Wakf property shown of the Pazhayapalli at Kavaratti from 900 sq mtr to 1,540 sq mtrs in survey No.94/6 and to correct the mistaken survey number shown as "95/3" to "94/6" in the Register of Wakfs acting upon Ext P4 application and consequently to do all the same within a period of 2 weeks or any other reasonable time that this Hon'ble court may deem fit to fix. B) Issue a writ in the nature of Mandamus or such other writs or orders directing the respondents 485 to effectuate necessary changes/ amendments in the Land Register of Kavaratti and other revenue and survey records, pertaining to survey No.94/6 showing the Pazhayapalli Wakf land as 1,540 sq mtrs (15.40 Ares) therein in Survey No.94/6 and the remaining extent of property from the original extent of 27.10 Ares in Survey No.94/6 as a separate Survey Number or with separate Survey Sub Division Number to be given appropriately, with extent thereof of 1,170 sq mtrs (11.70 Ares), based on Exhibit P3 survey sketch, acting upon Ext P5 application and all the same to be done within a period of 2 weeks or any other reasonable time that this Hon'ble court may deem fit to fix."
2. The aforementioned reliefs are based upon the pleadings that the petitioner is the interim Muthuvally of the Pazhayapalli at Kavarathi situated in part of Sy.No.94/6 of Kavarathi and also sharer under the partition deed bearing No.28/2010 dated 9.3.2010 executed by Rukhiya Nagottiyam. The dispute with 2025:KER:51146 WP(C) NO. 23420 OF 2025 4 regard to the property aforementioned had arisen out of the decision of the civil suits and came to be adjudicated by this Court in CRP (Wakf) Nos. 21 of 2020 and 5 of 2021. This Court, vide detailed judgment dated 22.10.2024, set aside the findings rendered by the Tribunal by holding that the Tribunal exceeded jurisdiction regarding the possession of the petitioners in CRP (Wakf) No.21 of 2020, that is the petitioner herein, to be as encroacher giving liberty to the complainants to take action in accordance with law. Pursuant to the aforementioned judgment, Exts.P4 and P5 representations have been submitted on behalf of the petitioner to the Chairman/Chief Executive Officer, Lakshadweep State Waqf Board, requesting that the Wakf property in Sy.No.94/6 be recorded in the Wakf Register and a certificate of Wakf property be issued to the Muthavalli, Pazhayapalli for further management and reconstruction of the Mosque, seeking a further direction to the Survey and Settlement Department to survey the Wakf land in accordance with the judgment and demarcate the boundary. However, there is no adherence to the aforementioned representations though it was the duty of the concerned Lakshadweep Waqf Board to take a call up on the judgment of this Court dated 22nd day of October, 2024.
Issue notice before admission to the counsel representing respondent nos. 1 to 3. Registry has shown the name of Jamsheed Hafiz as learned Standing Counsel for the Waqf Board in the cause list, but he is only the Standing Counsel for the Kerala State Wakf Board, where the Wakf Board involved in the present case is Lakshadweep Wakf Board. Show the name of Adv.R.V.Sreejith as learned Standing Counsel for the Lakshadweep Wakf Board in the cause list.
2. In Exts.P4 and P5 representations the candid stand of the petitioner is that the Waqf property in Sy.No.94 /6 be recorded in the Waqf register and certificate of waqf property be 2025:KER:51146 WP(C) NO. 23420 OF 2025 5 issued to the Muthawally of Pazhayapalli for further management and reconstruction of the mosque and survey and settlement department should be directed to survey the waqf land in accordance with the judgment and demarcate the boundary of the Pazhayapalli waqf land. It is contended that, that exercise had already been done as evident from Ext.P3. But only a formality has to be done by effecting the entry in the revenue records.
Without expressing any opinion on the merits of the matter, we dispose of the writ petition with a directions to the respondents to decide the matter, strictly in terms of the request made in Exts.P4 and P5, which is in consonance with the judgment dated 10.7.2025 of this Court (CRP (Waqf) No.21/2020 and 5/2021) within a period of one month from the date of receipt of a copy of this judgment.
Sd/-
AMIT RAWAL JUDGE Sd/-
sab P. V. BALAKRISHNAN
JUDGE
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WP(C) NO. 23420 OF 2025
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APPENDIX OF WP(C) 23420/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE PHOTOSTAT COPY OF THE COMMON
ORDER DT. 22.10.2024 OF THE HON'BLE HIGH COURT OF KERALA IN CRP (WAKF) NO.21/2020 AND CRP (WAKF) NO. 5/2021 Exhibit P2 THE TRUE PHOTO COPY OF THE INTERIM ORDER DT 26.08.2020 IN IA NO.1/2020 IN CRP (WAKF) NO.21/2020 OF THE HON'BLE HIGH COURT OF KERALA Exhibit P3 THE TRUE PHOTO COPY OF THE SKETCH PREPARED BY THE 5 TH RESPONDENT (DEPUTY SURVEYOR KAVARATHI ISLAND) AND COUNTER SIGNED BY 4 TH RESPONDENT AND ISSUED FROM THE FILES OF THE 1 ST RESPONDENT AS SIGNED BY THE 2 ND RESPONDENT AND DEMARCATING THE 1540 SQ MTRS OF PAZHAYAPALLI WAKF PROPERTY FROM THE REMAINING PRIVATE PROPERTY IN SY.NO.94/6 AND DEMARCATING THE ROAD AND THEREAFTER THE PROPERTY OF THE NANGOTTIAM FAMILY IN SURVEY NO.93/5 OF KAVARATHI ISLAND Exhibit P4 THE TRUE PHOTO COPY OF THE APPLICATION DT.
20.11.2024 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 2&3 Exhibit P5 THE TRUE PHOTOCOPY OF THE APPLICATION DT.
20.11.2024 SUBMITTED BY THE PETITIONER BEFORE THE 4 TH RESPONDENT Exhibit P6 THE TRUE PHOTO COPY OF THE EXTRACT OF LAND REGISTER OF KAVARATHI PERTAINING TO SURVEY NOS.93/5 AND 94/6 Exhibit P7 THE TRUE PHOTO COPY OF THE RELEVANT PAGES OF THE LAKSHADWEEP GAZETTE DT 09.06.2008 PERTAINING TO LIST OF WAKFS INCLUDING THAT OF PAZHAYAPALLI (ENTRY NO.6 UNDER KAVARATHI ISLAND THEREIN)