Kerala High Court
K.A.Kamarudheen vs Kerala State Wakf Board on 7 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
WP(C).No.22715 OF 2020(L)
PETITIONER:
K.A.KAMARUDHEEN, AGED 62 YEARS
S/O. LATE ABOOBACKER, C.C. NO. VI-1196,
STAR JUNCTION, MATTANCHERRY, COCHIN, PIN - 682002.
BY ADVS.
SRI.T.M.ABDUL LATHEEF
SRI.K.ASHOK SARAN
RESPONDENTS:
1 KERALA STATE WAKF BOARD
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
V.I.P ROAD, KALOOR, KOCHI - 682017.
2 CHIEF EXECUTIVE OFFICER
KERALA STATE WAKF BOARD,
V.I.P ROAD, KALOOR, KOCHI - 682017.
3 YOUNUS K K
INTERIM MUTHAVALLI, M.K.S ABOOBACKER TRUST,
MATTANCHERY, KURUDAMPARAMBIL HOUSE, KOTTAPPURAM,
ALANGAD P O, ERNAKULAM - 683 511.
4 T.B. NASAR ALIAS, AGED 61 YEARS, S/O.BAVA
NASAR T. BAVA, C.C 33/1169, DHANYA SOUND ROAD,
VENNALA PO, 682028.
R1-2 BY ADV. SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD
R4 BY ADV. SRI.K.SHIBILI NAHA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.22715 OF 2020(L)
2
JUDGMENT
Shaffique, J
The writ petition has been filed challenging Ext.P8, an
order issued by the Waqf Board, on a representation
submitted by the petitioner stating that the issue involved
in his representation is pending before the Chief Executive
Officer under Section 54 of the Waqf Act, 1995 and it was
found that the purchase certificates were issued in respect
of the properties referred in the petition. They, therefore,
called upon him to proceed under Section 90 of the Waqf
Act, 1995. The application was, therefore, transferred to
the CEO for appropriate action. During the pendency of
the writ petition, yet another notice was issued by the
Waqf Board invoking Section 52 of the Wakf Act, 1995 r/w
Rule 79 of Kerala State Waqf Rules, 2019. The contention
of the petitioner is that, he had purchased the property
from a person, who had obtained the same based on a
purchase certificate issued by the Land Tribunal, Vypin on
19.12.1988. According to the petitioner, the property
involved is not a Waqf property and, therefore, the Waqf
Board has no jurisdiction to take action against the same.
WP(C).No.22715 OF 2020(L)
2. We heard the learned Standing counsel appearing for the
Waqf Board. It is submitted that the petitioner had
submitted a representation, against which, Ext.P8 came to
be issued. The learned standing counsel submits that
insofar as Section 54 of the Waqf Act, 1995 is concerned,
the CEO of the Waqf Board has the power to remove any
encroachment on any land, building, space or other
property, which is waqf property and which has been
registered as such under the Act.
3. In fact, the Waqf Board has substantial powers, and if the
Waqf property has been in the possession of any one else
and if such property is being transferred in contravention
of Section 51 of the Act, we do not think that we will be
justified in issuing any direction in the present matter as
no proceeding had so far been commenced by the Waqf
Board. As far as Section 90 of the Act is concerned, it is
a remedy available to a person seeking title or possession
in respect of a Waqf property or the right of a mutawalli
or beneficiary.
4. The learned Standing counsel appearing for the Waqf Board
would submit that the CEO of the Waqf Board intends to
issue notice invoking Section 54 of the Waqf Act. If that
WP(C).No.22715 OF 2020(L)
be the situation, we do not think that the apprehension
expressed by the petitioner requires to be adjudicated in
this writ petition. If a notice is issued under Section 54
by the CEO of the Waqf Board, the petitioner shall be
entitled to defend the same appropriately. We make it
clear that we are not expressing any opinion on merits.
It shall be open for the CEO or the Waqf Board to Act in
accordance with law.
Writ petition is disposed of as above.
Sd/-
A.M.SHAFFIQUE, JUDGE
sd/-
GOPINATH P., JUDGE
AMV/08.01.2021
WP(C).No.22715 OF 2020(L)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PURCHASE
CERTIFICATE ISSUED BY THE LAND
TRIBUNAL VYPIN IN OA NO.241/1987
DATE D19.12.1988.
EXHIBIT P2 TRUE COPY OF THE PURCHASE
CERTIFICATE ISSUED BY THE LAND
TRIBUNAL VYPIN IN OA NO.243/1987
DATED 19.12.1988.
EXHIBIT P3 TRUE COPY OF THE SALE DEED NO.
2329/2017 DATED 26.07.2017.
EXHIBIT P4 TRUE COPY OF THE SETTLEMENT DEED
NO.2434/1997 DATED 16.06.1997.
EXHIBIT P5 TRUE COPY OF THE INFORMATION DATED
15.10.2019.
EXHIBIT P6 TRUE COPY OF THE PETITION FILED
BEFORE THE WAKF BOARD DATED
18.12.2019.
EXHIBIT P7 TRUE COPY OF THE RECEIPT DATED
21.12.2019.
EXHIBIT P8 TRUE COPY OF THE ORDER DATED
19.02.2020.
EXHIBIT P9 TRUE COPY OF THE NOTICE DATED
20.11.2020.
EXHIBIT P10 TRUE COPY OF THE OBJECTION DATED
9.12.2020.
RESPONDENTS EXHIBITS : NIL
TRUE COPY P.A.TO JUDGE
