Kerala High Court
Ramsheed C.H vs C.K.Abdul Khader Haji on 31 October, 2025
Author: Anil K. Narendran
Bench: Anil K. Narendran
2025:KER:82313
WP(C) No.40837 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
FRIDAY, THE 31ST DAY OF OCTOBER 2025 / 9TH KARTHIKA, 1947
WP(C) NO. 40837 OF 2025
PETITIONERS:
1 RAMSHEED C.H.
AGED 29 YEARS
S/O A.B. MAJEED, CHIRAMMAL HOUSE MARKET ROAD,
NEELESWARAM, KASARAGODE-., PIN - 671314
2 SHIJAD M
AGED 30 YEARS
S/O KUNHABDULLA, TM HOUSE THERU, NEELESWARAM
VILLAGE HOSDURG, KASARAGODE-, PIN - 671314
3 SHAMSHEER
AGED 36 YEARS
S/O. ABDUL RAUF, SHAMNA MANZIL NEAR N.K.B.M AUP
SCHOOL, NEELESWARAM, HOSDURG, KASARAGODE-, PIN -
671314
4 MUHAMMED ASHIK
AGED 32 YEARS
S/O MOIDU HAJÍ, NEAR POLICE QUARTERS MAANNAMPURAM
NEELESWARAM HOSDURG, KASARAGODE-, PIN - 671314
5 NAJEER
AGED 35 YEARS
S/O MAHMOOD HAJI, ANACHAL, NEELESWARAM HOSDURG,
KASARAGODE-, PIN - 671314
BY ADVS.
SRI.K.M.FIROZ
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WP(C) No.40837 of 2025
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SMT.M.SHAJNA
SHRI.JAMEEL AHAMMED M.S.
SHRI.A AL FAYAD
RESPONDENTS:
1 C.K. ABDUL KHADER HAJI
AGED 60 YEARS
S/O.MOIDU HAJI N.P., PRESIDENT, NEELESARAM
TARBIYATHUL ISLAM SABHA, NEELESWARAM AMSOM, DESOM,
HOSDURG TALUK, KASARGOD DISTRICT-, PIN - 671314
2 T. SUBAIR
AGED 51 YEARS
S/O KUNHABDULLA, SECRETARY,
NEELESARAM TARBIYATHUL ISLAM SABHA, NEELESWARAM
AMSOM, DESOM, HOSDURG TALUK, NEELESWARAM -, PIN -
671314
3 C.H. ABDUL RASHEED HAJI
AGED 61 YEARS
S/O. LATE KALLAI AAMU, TREASURER,
NEELESARAM TARBIYATHUL ISLAM SABHA, NEELESWARAM
AMSOM, DESOM, HOSDURG TALUK, KASARGOD DISTRICT-,
PIN - 671314
4 ABDUL SALAM K @ SELU
AGED 58 YEARS
S/O MUHAMMED KUNHI, VICE PRESIDENT, NEELESHWARAM
THARBIYATHUL ISLAM SABHA, NEELESWHARAM AMSOM,
DESHAM HOSDURG TALUK KASARAGODE-, PIN - 671314
5 C.H MOHAMMED KUNHI
AGED 68 YEARS
S/O. LATE IBRAHIM HAJI, VICE PRESIDENT,
NEELESHWARAM THARBIYATHUL ISLAM SABHA, NEELESWARAM
AMSOM, DESOM, HOSDURG TALUK, KASARGOD DISTRICT-,
PIN - 671314
6 MUHAMMED SHAFEEQ
AGED 35 YEARS
S/O ABDUL KAREEM, JOINT SECRETARY,
NEELESHWARAM THARBIYATHUL ISLAM SABHA, NEELESWARAM
AMSOM, DESOM, HOSDURG TALUK, KASARGOD DISTRICT-,
PIN - 671314
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7 SHANEER KOTTIKULAM
AGED 35 YEARS
S/O.MOIDU, JOINT SECRETARY,
NEELESHWARAM THARBIYATHUL ISLAM SABHA,
NEELESWARAM AMSOM, DESOM, HOSDURG TALUK, KASARGOD
DISTRICT-, PIN - 671314
8 ADUKKAM MUHAMMED KUNHI
AGED 61 YEARS
AUDITOR, NEELESHWARAM THARBIYATHUL ISLAM SABHA,
NEELESWARAM AMSOM, DESOM, HOSDURG TALUK, KASARGOD
DISTRICT-, PIN - 671314
9 M.KUNHAMU HAJI
AGED 71 YEARS
S/O. LATE ABDURAHMAN,
EXECUTIVE MEMBER,
NEELESHWARAM THARBIYATHUL ISLAM SABHA,
NEELESWARAM AMSOM, DESOM, HOSDURG TALUK, KASARGOD
DISTRICT-, PIN - 671314
0 C.K. ABDU SALAM
AGED 66 YEARS
S/O. MOIDU HAJI M.P., EXECUTIVE MEMBER,
NEELESHWARAM THARBIYATHUL ISLAM SABHA,
NEELESWARAM AMSOM, DESOM, HOSDURG TALUK, KASARGOD
DISTRICT-, PIN - 671314
11 ABDUL NISAR
AGED 56 YEARS
S/O. MOIDU, EXECUTIVE MEMBER,
NILESWARAM TARBIATUL ISLAM SABHA, NILESWARAM AMSOM
DESOM, HOSDURG TALUK, NILESWARAM, PIN, PIN -
671314
12 MUHAMMED KUNHI C.H
AGED 45 YEARS
S/O IBRAHIM, EXECUTIVE MEMBER, NILESWARAM
TARBIATUL ISLAM SABHA, NILESWARAM AMSOM DESOM,
HOSDURG TALUK, NILESWARAM, PIN, PIN - 671314
13 SHAMSUDDIN C.H.
AGED 48 YEARS
S/O. ABOOBACKER, EXECUTIVE MEMBER, NILESWARAM
TARBIATUL ISLAM SABHA, NILESWARAM AMSOM DESOM,
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WP(C) No.40837 of 2025
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HOSDURG TALUK, NILESWARAM, PIN, PIN - 671314
14 T. ABDUL RAHIMAN
AGED 62 YEARS
S/O. LATE KALLAI AHMMAD HAJI, EXECUTIVE MEMBER,
NILESWARAM TARBIATUL ISLAM SABHA, NILESWARAM AMSOM
DESOM, HOSDURG TALUK, NILESWARAM, PIN, PIN -
671314
15 MUSTHAFA
AGED 71 YEARS
S/O.SHIBILI, EXECUTIVE MEMBER, NILESWARAM
TARBIATUL ISLAM SABHA, NILESWARAM AMSOM DESOM,
HOSDURG TALUK, NILESWARAM, PIN, PIN - 671314
16 ABDUL SALAM HAJI RAMARAM
AGED 64 YEARS
S/O LATE KALLAYI AHMED HAJI, EXECUTIVE MEMBER,
NILESWARAM TARBIATUL ISLAM SABHA, NILESWARAM AMSOM
DESOM, HOSDURG TALUK, NILESWARAM, PIN, PIN -
671314
17 K. MOIDU HAJI
AGED 73 YEARS
S/O.T.MUHAMMAD KUNHI HAJI, EXECUTIVE MEMBER,
NILESWARAM TARBIATUL ISLAM SABHA, NILESWARAM
AMSAM, HOSDURG TALUK, NILESWARAM, PIN, PIN -
671314
18 ABDURRAHIMAN.K
AGED 51 YEARS
S/O. MUHAMMAD, EXECUTIVE MEMBER,
NILESWARAM TARBIATUL ISLAM SABHA, , NEELESHWARAM
AMSAM, HOSDURG TALUK, NILESWARAM, PIN, PIN -
671314
19 ABDUL KAREEM
RETURNING OFFICER, NILESWARAM TARBIATUL ISLAM
SABHA, PUTHIYA KOTTA, OPP. OLD TREASURY, HOSDURG
TALUK, NILESWARAM, PIN, PIN - 671314
20 KERALA STATE WAQF BOARD
REPRESENTED BY CHIEF EXECUTIVE OFFICER,
VIP ROAD, KALOOR, ERNAKULAM DISTRICT PIN, PIN -
682017
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WP(C) No.40837 of 2025
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21 DIVISIONAL WAQF OFFICER
KANNUR DELTA TOWER, THALASSERY ROAD, THANA,
KANNUR, PIN - 670012
OTHER PRESENT:
SRI. JAMSHEED HAFIZ, SC, WAKF BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.10.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.40837 of 2025
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JUDGMENT
Anil K. Narendran, J.
The petitioners, who are stated to be the members of the general body of Neeleswaram Tarbiatul Islam Sabha, which is a Waqf registered under the 20th respondent Kerala State Waqf Board, have filed this writ petition invoking the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India, seeking the following reliefs;
"i. To call for records leading to and pursuant to Exhibits P1, P2 and P3 and to quash Exhibit P3 to the extent as it is against the petitioners and to the extent it declined the prayers of the petitioners by issuing a writ of certiorari or any other appropriate writ.
ii. To issue a writ of mandamus directing the 20th respondent Waqf Board to appoint an independent Advocate Commissioner as Returning Officer to conduct a free and fair election to the Working Committee of Neeleswaram Tharbiyathul Islam Sabha for the 2025-2027 term.
iii. To direct the Respondent No 20 or the duly appointed returning officer to Include family members of the second petitioner and similarly situated persons in the subject matter voters list by issuing a writ of mandamus or any other appropriate writ direction or order. iv. To declare that the appointment of the 19 th respondent as Returning Officer is illegal and vitiated by conflict of 2025:KER:82313 WP(C) No.40837 of 2025 7 interest, and to set aside the same.
v. To declare that the draft voters list prepared by the 19 th respondent is illegal, arbitrary, and vitiated by bias and conflict of interest, and therefore liable to be set aside. vi. to issue a direction deferring the conduct of the election to the Working Committee of Neeleswaram Tharbiyathul Islam Sabha until a new independent Advocate Commissioner is appointed and a proper voters list is prepared after conducting a fair and comprehensive census of all residents of the Mahallu."
2. The main relief sought for in this writ petition is against Ext.P3 order dated 28.10.2025 of the Kerala State Waqf Board in I.A.No.437 of 2025 in O.P.No.661 of 2025. The original petition was by the petitioners before the State Waqf Board, invoking the provisions under Section 32 of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995. Ext.P3 order dated 28.10.2025 of the State Waqf Board in I.A.No.437 of 2025 reads thus:
"R2 appeared in Person. R14 Advocate V.P Narayanan offered Vakalath. R19 Returning officer is directed to publish addendum voters list incorporating the name namely Ramsheed, Shijad, Shamsheer, Muhammed Ashik, Najeer who are petitioners in the OP as they have included and participated in the last election and permit to exercise all rights as voters including contesting the election.
2025:KER:82313 WP(C) No.40837 of 2025 8 Divisional Waqf Officer, Kannur is directed to appoint an observer to observe the election."
3. Heard the learned counsel for the petitioners and also the learned Standing Counsel for the Kerala State Waqf Board for the respondents 20 and 21.
4. As already noticed hereinbefore, the main relief sought for in this writ petition is a writ of certiorari to quash Ext.P3 order dated 28.10.2025 of the Kerala State Waqf Board. In view of the provisions contained in Section 83(2) of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995, any mutawalli, person interested in a waqf or any other person aggrieved by an order made under this Act, or rules made thereunder, may make an application within the time specified in this Act or where no such time has been specified, within such time as may be prescribed, to the Tribunal for the determination of any dispute, question or other matter relating to the waqf. As per the proviso to Section 83(2), if there is no Tribunal or the Tribunal is not functioning, any aggrieved person may appeal to the High Court directly.
5. In view of the statutory remedy provided under Section 83(2) of the said Act, if the petitioners are aggrieved by 2025:KER:82313 WP(C) No.40837 of 2025 9 Ext.P3 order dated 28.10.2025 of the State Waqf Board, they have to invoke the statutory remedy by approaching the Waqf Tribunal.
In such circumstances, this writ petition fails on the ground of maintainability and the same is accordingly dismissed; however, without prejudice to the right of the petitioners to invoke the statutory remedy provided under Section 83(2) of the Act against Ext.P3 order dated 28.10.2025.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
MURALEE KRISHNA S., JUDGE Sab 2025:KER:82313 WP(C) No.40837 of 2025 10 APPENDIX OF WP(C) 40837/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF O.P. NO. 661 OF 2025 DATED 27.10.2025 FILED BEFORE THE KERALA STATE WAQF BOARD Exhibit P2 A TRUE COPY OF IA 437 OF 2025 IN OP 661 OF 2025 DATED 27.10.2025 FILED BEFORE THE KERALA STATE WAQF BOARD Exhibit P3 A TRUE COPY OF ORDER DATED 28.10.2025 PASSED BY THE WAQF BOARD IN IA 437 OF 2025 IN OP 661 OF 2025