Kerala High Court
Sajal Ebrahim vs Kerala State Waqf Board on 9 June, 2025
Author: N. Nagaresh
Bench: N.Nagaresh
2025:KER:39459
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 9TH DAY OF JUNE 2025 / 19TH JYAISHTA, 1947
WP(C) NO. 16024 OF 2025
PETITIONER:
SAJAL EBRAHIM,
AGED 37 YEARS,
S/O EBRAHIM,
INTERIM MUTAWALLI CUM RETURNING OFFICER,
CHERTHALA MUSLIM JAMA-ATH,CHERTHALA P.O.,
ALAPPUZHA HAVING OFFICE AT 2ND FLOOR,
JAMA MASJID BUILDING, (HIS CENTRE),
KOMBARA, ERNAKULAM, PIN - 682018
BY ADV.SRI.K.SUDHINKUMAR
RESPONDENTS:
1 KERALA STATE WAQF BOARD,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
HEAD OFFICE, VIP ROAD, KALOOR,
ERNAKULAM, PIN - 682017
2 THE DISTRICT POLICE CHIEF,
OFFICE OF THE DISTRICT POLICE CHIEF,
ALAPPUZHA, KOLLAM, PIN - 691531
3 THE DEPUTY SUPERINTENDENT OF POLICE,
OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
ST. MARY'S SCHOOL ROAD, KODATHIKAVALA,
CHERTHALA P.O., ALAPPUZHA, PIN - 688524
4 THE STATION HOUSE OFFICER,
CHERTHALA POLICE STATION,
CHERTHALA P.O., ALAPPUZHA, PIN - 688524
2025:KER:39459
W.P.(C) No.16024/2025
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5 C.A. MAJEED,
S/O ABUBACKER, CHANIYIL HOUSE,
CMC-8, NEDUMBRAKKAD, CHERTHALA P.O.,
ALAPPUZHA, PIN - 688524
6 MUJEEB MAJEED,
S/O ABDUL MAJEED, PEEDIKACHIRAYIL,
CMC-3, CHERTHALA P.O.,
ALAPPUZHA, PIN - 688524
*ADDL.7 MOHAMMED SHERIEF P.M.,
S/O AHAMED, IIIICAL VELI HOUSE, VYALAR,
AILEPPEY DISTRICT, PIN-688536
*ADDL.8 ANSAL A.,
S/O ANSARI, VELIYIL HOUSE, CHERTHALA,
ALEPPEY DISTRICT, PIN-688524
*(RESPONDENTS 7 AND 8 ARE IMPLEADED AS ADDITIONAL
RESONDENTS 7 AND 8 AS PER ORDER DATED 02.05.2025
IN IA 4/25 IN WP(C) NO.16024/2025).
BY ADVS.
SMT.C.SHEEBA
SRI.T.H.ABDUL AZEEZ
SRI.E.S.ASHRAF
SRI.SHANKAR V.
SRI.JAMSHEED HAFIZ, SC
SRI.DHEERAJ A.S., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 04.06.2025, THE COURT ON 09.06.2025 DELIVERED THE
FOLLOWING:
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N. NAGARESH, J.
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W.P.(C) No.16024 of 2025
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Dated this the 9th day of June, 2025
JUDGMENT
~~~~~~~~~ The petitioner, who has been appointed as the Interim Mutawalli-cum-Returning Officer of the Cherthala Muslim Jama-ath in Cherthala Taluk, seeks to direct respondents 2 to 4 to afford adequate police protection for the life and property of the petitioner while functioning as the Interim Mutawalli-cum- Returning Officer of the Jama-ath.
2. The 1st respondent-Waqf Board initially appointed Advocate T.A. Rafeek as the Interim Mutawalli-cum- Returning Officer of the Jama-ath. The 5th respondent-
2025:KER:39459 W.P.(C) No.16024/2025 :4: Secretary filed complaint against that appointment before the Waqf Board. The Waqf Board, as per Ext.P1 order dated 10.02.2025, cancelled the order of appointment of Interim Mutawalli.
3. The Board thereafter appointed the petitioner as Interim Mutawalli for a period of six months. The petitioner was directed to publish voters list and conduct election of new office bearers to the Jama-ath Committee. When the petitioner took charge as Mutawalli, respondents 5 and 6 and persons under them caused obstruction to the smooth functioning of the petitioner. The petitioner was shouted at and abused.
4. As the obstruction from respondents 5 and 6 continued, the petitioner filed Ext.P3 complaint dated 04.04.2025 to the 4th respondent. Ext.P4 complaint was filed before the 3rd respondent. The petitioner also submitted Ext.P5 complaint to the District Police Chief. In spite of complaints, the 2025:KER:39459 W.P.(C) No.16024/2025 :5: petitioner is not in a position to manage the affairs of the Jama- ath or to conduct elections. Hence, the petitioner is before this Court.
5. The petitioner states that he has serious threat to life. The petitioner is a deemed public servant in view of Section 101 of the Waqf Act. The petitioner has to conduct elections within the stipulated time. Unless the police extends necessary protection, the petitioner will not be able to discharge his duties, which is of statutory nature.
6. Respondents 5 and 6 resisted the writ petition. Respondents 5 and 6 submitted that Section 63 of the Waqf Act gives authority to the Waqf Board to appoint Interim Mutawalli. To appoint an Interim Mutawalli, one or more of the grounds mentioned in Section 63 should be satisfied. The ingredients are not attracted in this case. The elected office bearers of the Jama-ath are ignored. The appointment of the petitioner as 2025:KER:39459 W.P.(C) No.16024/2025 :6: Mutawalli has been challenged before the Waqf Tribunal filing WOA No.25/2025. When an appeal is pending before the statutory Tribunal, the appointment of the petitioner as Interim Mutawalli was unwarranted.
7. An order of the Waqf Tribunal may nullify the actions taken by the petitioner in his capacity as Interim Mutawalli-cum-Returning Officer. There is no issue of law and order in the Jama-ath. The writ petition is therefore liable to be dismissed.
8. I have heard the learned counsel for the petitioner, the learned Standing Counsel representing the 1st respondent, the learned Government Pleader appearing for respondents 2 to 4 and the respective counsel appearing for respondents 5 to 8.
9. Ext.P1 is the order of the 1st respondent-Waqf Board appointing the petitioner as Interim Mutawalli for a period 2025:KER:39459 W.P.(C) No.16024/2025 :7: of six months. In Ext.P1, the petitioner has been directed to act as Returning Officer and conduct election of the office bearers of the Jama-ath. The petitioner is therefore discharging the duties assigned to him by a statutory Board. Exts.P3 to P5 would indicate that the functioning of the petitioner as Interim Mutawalli-cum-Returning Officer is being obstructed by certain members of the Jama-ath. The petitioner alleges threat to his life and reputation.
10. Respondents 5 and 6 would contend that WOA Nos.17/25 and 25/25 are pending consideration before the Waqf Tribunal, challenging the appointment of Interim Mutawallies. When the legal issue is pending consideration before the competent statutory Tribunal, this Court shall not grant any police protection which would scuttle due process of law. Respondents 5 and 6 would further urge that the ingredients contained in Section 63 of the Waqf Act are not 2025:KER:39459 W.P.(C) No.16024/2025 :8: satisfied to appoint an Interim Mutawalli.
11. Whether the provisions of Section 63 are complied with in the order of appointment of the petitioner as Interim Mutawalli is a matter now pending consideration before the Waqf Tribunal. The fact remains that the period of the earlier Jama-ath Committee has expired. The 1st respondent statutory Board has therefore appointed the petitioner as Interim Mutawalli-cum-Returning Officer in order to manage the affairs of the Jama-ath with a direction to conduct election to the Committee within six months. The democratic process should go on. Members of the Jama-ath have no right to obstruct an Interim Mutawalli or Returning Officer appointed by the Waqf Board.
12. Respondents 2 to 4 are therefore directed to afford adequate police protection for the life of the petitioner and the property of the Jama-ath while the petitioner 2025:KER:39459 W.P.(C) No.16024/2025 :9: functioning as Interim Mutawalli-cum-Returning Officer of the Cherthala Muslim Jama-ath. The protection shall continue to be given till the petitioner discharges all his duties as Interim Mutawalli-cum-Returning Officer and ceases to be Interim Mutawalli.
The writ petition is disposed of as above.
Sd/-
N. NAGARESH, JUDGE aks/04.06.2025 2025:KER:39459 W.P.(C) No.16024/2025 : 10 : APPENDIX OF WP(C) 16024/2025 PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER NO. A9- 5937/2024/KTM DATED 10.02.2025 ISSUED BY THE 1ST RESPONDENT Exhibit P2 TRUE COPY OF THE COMMUNICATION ISSUED BY THE PETITIONER DATED 21.02.2025 Exhibit P3 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 04.04.2025 Exhibit P4 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 04.04.2025 Exhibit P5 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 04.04.2025 RESPONDENTS' EXHIBITS:
Exhibit R5(a) TRUE COPY OF THE WOA NO. 17/2025 FILED BY THE 1ST APPLICANT BEFORE THE HON'BLE WAKF TRIBUNAL Exhibit R5(b) TRUE COPY OF THE WOA NO. 25/2025 FILED BY THE 1ST APPLICANT BEFORE THE HON'BLE WAKF TRIBUNAL.