Kerala High Court
Nelliparambu Juma Masjid Mahallu ... vs The Kerala State Waqf Board on 31 October, 2025
Author: Anil K.Narendran
Bench: Anil K.Narendran
1
OP(WAKF)No.18 of 2025
2025:KER:82777
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
OP (WAKF) NO. 18 OF 2025
PETITIONER:
NELLIPARAMBU JUMA MASJID MAHALLU COMMITTEE,
P.O. OORAKAM, KIZHUMURI, MALAPPURAM, REPRESENTED BY
ITS PRESIDENT KUNJI MOOSA VALLIKKADAN, PIN - 676519
BY ADVS.
SHRI.P.K.IBRAHIM
SMT.K.P.AMBIKA
SMT.ZEENATH P.K.
SMT.JABEENA K.M.
SHRI.ANAZ BIN IBRAHIM
SHRI.PRADEEP KUMAR A.
SHRI.AJAZ A BACKER
RESPONDENTS:
1 THE KERALA STATE WAQF BOARD,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, VIP ROAD,
KALOOR, KOCHI, PIN - 682017
2 V.K. KUNJIMUHAMMED,
S/O V.K. KUNJIKKUTTI HAJI, VALLIKKADAN(H),
NELLIPPARAMBA, P.O. OORAKAM, KEEZHMURI, MALAPPURAM,,
PIN - 676519
BY ADV SHRI.JAMSHEED HAFIZ, SC, WAQF BOARD
THIS OP (WAKF) HAVING COME UP FOR ADMISSION ON 31.10.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2
OP(WAKF)No.18 of 2025
2025:KER:82777
JUDGMENT
Muralee Krishna, J.
The applicant in O.A.No.134 of 2025 before the Wakf Tribunal Kozhikode, filed this original petition under Article 227 of the Constitution of India, seeking the following relief:
"To issue an order or direction directing the Wakf Tribunal, Kozhikode, to consider Ext.P12 interim application seeking stay of Ext.P10 impugned order and pass orders expeditiously and at any rate within such reasonable time as may be fixed by this Hon'ble Tribunal".
2. Going by the averments in the original petition, the petitioner is a Wakf registered with the 1st respondent Wakf Board under registration No. 1384/RA, having 6.56 Acres of property. Out of 6.56 Acres of property, an extent of 34 cents comprised in Sy No. 71/3 was leased to run a footwear unit for ₹17,380/- per month and another to operate an auditorium established in 1.25 Acre with a car park in the remaining 2 Acres for ₹75,000. This lease granted by the earlier Committee was in violation of the provisions of the Waqf Act and Rules. One Mr. Abdurahiman, a beneficiary of the Wakf and a member of the Mahal, made a complaint before the 1st respondent and got the matter enquired. 3 OP(WAKF)No.18 of 2025
2025:KER:82777 Wakf inspector filed a report on 13.12.2016 stating that Wakf property is given on lease without the sanction of the General Body and without obtaining the permission of the Wakf Board. The 1 st respondent, thereupon vide notification dated 11.05.2018, invited tender giving an opportunity to the 2nd respondent to participate in the tender. 2nd respondent submitted his tender offering ₹15,000/- as rent for auditorium with car parking. Against this offer, 4 quotations ranging from ₹1,10,313/- to ₹2,11,050/- were received. With a view to ensure the lease in favour of the 2 nd respondent, the 1st respondent entered into a negotiation and fixed the rent for ₹2,12,05/- in favour of the 2nd respondent by a mere increase of ₹1000/- from what was offered by Youth Voice Educational Society. The tender so finalised in favour of V.K. Kunjumuhammed is for 10 years from October 2018. Under Clause 7(r) of Ext.P6 Lease Agreement, the Lessee has irrevocably declared and undertaken that he shall at no time make "any application for refixation of the rent payable herein" and that "the undertaking and acceptance of the Lessee constitutes the fundamental essence of this Agreement" and "If the Lessee makes 4 OP(WAKF)No.18 of 2025 2025:KER:82777 any challenge to the same as aforesaid" "this Agreement shall forthwith and without any further act on the part of the Lessor stand terminated and shall come to an end at the cost, damage and liability of the Lessee." Notwithstanding such an undertaking and consequence of its violation, the 2nd respondent approached the Wakf Board with an application requesting for waiving the rent for the period from 2019-2020 to 2021-2022. The matter was placed before the Board, and the Board issued notice to the petitioner. The petitioner submitted objections. The 1 st respondent, without considering Ext.P9 and P9(a), proceeded to pass Ext.P10 order allowing all the reliefs sought by the 2 nd respondent in Ext.P7. Ext.P10 order of the 1st respondent is without jurisdiction and against the interest of the Wakf. Ext.P10 order is passed in violation of the terms of Ext.P6 lease deed. Ext.P10 was passed without taking into account the objection filed by the petitioner. The property leased out to generate income is for running the Daras as per the wishes of the Waqif. The monthly expenses for food alone come to ₹58,000/- to ₹60,000/-, and ₹17,500/- as the salary of the cook. The teacher's salary would 5 OP(WAKF)No.18 of 2025 2025:KER:82777 come around ₹25,000/-. Minimum ₹1,10,000/- is required for meeting the basic requirements to run the present Daras. With Ext.P10 order, the 2nd respondent is not paying any rent for the last 8 months. It has become difficult to run Daras if the amount by donation could not meet the requirements. The petitioner, being aggrieved by Ext.P10 filed O.A.No.134 of 2025 before the Wakf Tribunal, Kozhikode, under 83(2) of the Waqf Act. Petitioner also filed IA No.2 of 2025 seeking an interim order of stay of Ext.P10. The 2nd respondent filed an objection dated 30.07.2025. The 1st respondent neither filed any counter nor produced the record before the Tribunal despite several adjournments, and for that reason alone, the Wakf Tribunal is adjourning the matter without passing any order in Ext.P11. The delay in considering Ext.P11 is causing serious prejudice. Hence, the petitioner approached this Court with this original petition.
3. Heard the learned counsel for the petitioner and the learned Standing Counsel for the 1st respondent Kerala State Wakf Board (the 'Wakf Board' in short). Considering the nature of the reliefs sought, issuance of notice to the 2nd respondent is 6 OP(WAKF)No.18 of 2025 2025:KER:82777 dispensed.
4. The grievance of the petitioner is that no orders have been passed in Ext.P12 interlocutory application filed by the petitioner in O.A.No.134 of 2025 before the Wakf Tribunal, Kozhikode, seeking stay of Ext.P10 order dated 23.06.2025 of the 1st respondent Wakf Board, even after the lapse of three months from the filing of the said application. The learned counsel for the petitioner submitted that the 1st respondent is prolonging the filing of the counter and production of the records before the Tribunal, despite granting several adjournments.
5. Having considered the pleadings and materials on record and the submissions made at the Bar, we are of the view that the 1st respondent Board can be directed to file the counter, if any, in Ext.P12 interlocutory application and produce the documents within a week, so as to facilitate the Tribunal to dispose of Ext.P12 interlocutory application expeditiously.
In the result, the original petition is disposed of, directing the 1st respondent Wakf Board to file the counter and produce documents, if any, in Ext.P12 interlocutory application bearing 7 OP(WAKF)No.18 of 2025 2025:KER:82777 I.A.No.2 of 2025 in O.A.No.134 of 2025 before the Wakf Tribunal, Kozhikode, within a period of one week from the date of receipt of a copy of this judgment and the Tribunal shall dispose of the said interlocutory application, expeditiously taking note of the urgency pointed out by the petitioner.
Sd/-
ANIL K.NARENDRAN, JUDGE Sd/-
sks MURALEE KRISHNA S., JUDGE 8 OP(WAKF)No.18 of 2025 2025:KER:82777 APPENDIX OF OP (WAKF) 18/2025 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE ENQUIRY REPORT NO.A4-1310/CR & 1384/CR DATED 13.12.2016 OF THE WAQF INSPECTOR Exhibit-P2 TRUE COPY OF THE NOTICE NO:A14-1240/17 DATED 08.03.2017 ISSUED BY THE JUNIOR SUPERINTENDENT OF THE 1ST RESPONDENT Exhibit-P3 TRUE COPY OF THE NOTIFICATION NO.A 10-1240/17
DATED 11.05.2018 ISSUED BY THE 1ST RESPONDENT BOARD ALONG WITH TENDER CONDITIONS Exhibit-P4 TRUE COPY OF THE QUOTATION SUBMITTED BY THE 2ND RESPONDENT DATED 26.5.2018 Exhibit-P5 TRUE COPY OF THE ORDER NO.A 10-1240/17 DATED 01.11.2018 ISSUED BY THE 1ST RESPONDENT Exhibit-P6 TRUE COPY OF THE LEASE AGREEMENT DATED 22.08.2019 BETWEEN THE PETITIONER AND V.K.KUNJUMUHAMMED REPRESENTING THE LESSOR AND LESSEE Exhibit-P7 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 2ND RESPONDENT ON 30.01.2023 BEFORE THE CHAIRMAN OF THE 1ST RESPONDENT Exhibit-P8 TRUE COPY OF THE NOTICE NO.A8-686/2023/MLP DATED 04.05.2024 ISSUED BY THE 1ST RESPONDENT BOARD RECEIVED BY THE PETITIONER Exhibit-P9 TRUE COPY OF THE OBJECTION IN EXT.P7 PRESENTED ON 09.01.2024 Exhibit-P9(a) TRUE COPY OF THE ADDITIONAL OBJECTION DATED 13.02.2024 IN EXT.P7 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT BOARD Exhibit-P10 TRUE COPY OF THE ORDER NO.A8-686/2023/MLP DATED 23.6.2025 OF THE 1ST RESPONDENT Exhibit-P11 TRUE COPY OF THE O.A.NO.134/2025 DATED 22.07.2025 ON THE FILE OF THE WAQF TRIBUNAL Exhibit-P12 TRUE COPY OF THE IA NO.2/2025 IN OA NO.134/2025 ON THE FILE OF THE WAQF TRIBUNAL, KOZHIKODE Exhibit-P13 TRUE COPY OF THE OBJECTION IN EXT.P12