Kerala High Court
Neeleshwaram Tharbiyathul Islam ... vs Noufal E.P on 29 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
CRP(WAKF) NO. 20 OF 2022
AGAINST THE ORDER/JUDGMENT DATED 14.3.2022 IN IA NO.850/21
IN WOS 33/2021 OF WAKF TRIBUNAL, KOZHIKODE
REVISION PETITIONERS/RESPONDENTS 1 TO 14 & 16 TO
21/DEFENDANTS 1 TO 14 & 16 TO 21:
1 NEELESHWARAM THARBIYATHUL ISLAM SABHA
REP.BY ITS PRESIDENT, C.K ABDUL KHADER,
NEELESHWARAM P.O, NEELESHWARAM AMSON DESOM,
HOSDURG, KASARGOD., PIN - 671314
2 NEELESHWARAM THARBIYATHUL ISLAM SABHA
REPTD.BY ITS SECRETARY
T. SUBAIR, NEELESHWARAM P.O, NEELESHWARAM AMSON
DESOM, HOSDURG, KASARGOD., PIN - 671314
3 C.K ABDUL KHADER, AGED 56 YEARS
S/O.MOIDU HAJI N.P, ALLEGED PRESIDENT,
NEELESHWARAM THARBIYATHUL ISLAM SABHA,
NEELESHWARAM AMSON DESOM, HOSDURG, KASARGOD., PIN
- 671314
4 T.SUBAIR, AGED 48 YEARS
S/O. KUNHABDULLA, ALLEGED SECRETARY, NEELESHWARAM
THARBIYATHUL ISLAM SABHA , NEELESHWARAM AMSON
DESOM, HOSDURG TALUK, KASARGOD., PIN - 671314
5 C.K ABDUL SALAM, AGED 65 YEARS
S/O.MOIDU HAJI N.P, ALLEGED MEMBER, NEELESHWARAM
THARBIYATHUL ISLAM SABHA , NEELESHWARAM AMSON
DESOM, HOSDURG TALUK, KASARGOD., PIN - 671314
6 K.SELU, AGED 55 YEARS
S/O.MUHAMMED KUNHI, ALLEGED MEMBER, NEELESHWARAM
THARBIYATHUL ISLAM SABHA , NEELESHWARAM AMSON
DESOM, HOSDURG TALUK, KASARGOD., PIN - 671314
CRP (Wakf) 20/2022
2
7 T.MUHAMMED KUNHI, AGED 63 YEARS
S/O.KARIYIL MOIDEEN HAJI, ALLEGED MEMBER,
NEELESHWARAM THARBIYATHUL ISLAM SABHA ,
NEELESHWARAM AMSON DESOM, HOSDURG TALUK,
KASARGOD, PIN - 671314
8 C.H ABDUL RASHEED HAJI, AGED 58 YEARS
S/O.KALLAYI AAMU, ALLEGED MEMBER, NEELESHWARAM
THARBIYATHUL ISLAM SABHA , NEELESHWARAM AMSON
DESOM, HOSDURG TALUK, KASARGOD., PIN - 671314
9 H.S AMEERUDHEEN, AGED 65 YEARS
S/O.FATHERS NAME NOT KNOWN, ALLEGED MEMBER,
NEELESHWARAM THARBIYATHUL ISLAM SABHA ,
NEELESHWARAM AMSON DESOM, HOSDURG TALUK,
KASARGOD., PIN - 671314
10 A. MUNEER, AGED 43 YEARS
S/O. FATHERS NAME NOT KNOWN, ALLEGED MEMBER,
NEELESHWARAM THARBIYATHUL ISLAM SABHA ,
NEELESHWARAM AMSON DESOM, HOSDURG TALUK,
KASARGOD., PIN - 671314
11 K. MUSTHAFA, AGED 65 YEARS
S/O. FATHERS NAME NOT KNOWN, ALLEGED MEMBER,
NEELESHWARAM THARBIYATHUL ISLAM SABHA ,
NEELESHWARAM AMSON DESOM, HOSDURG TALUK,
KASARGOD., PIN - 671314
12 M. KUNHAMU HAJI, AGED 68 YEARS
S/O.ABDUL RAHIMAN, ALLEGED MEMBER, NEELESHWARAM
THARBIYATHUL ISLAM SABHA , NEELESHWARAM AMSON
DESOM, HOSDURG TALUK, KASARGOD., PIN - 671314
13 K. SHANEER, AGED 32 YEARS
S/O. MOIDU, ALLEGED MEMBER, NEELESHWARAM
THARBIYATHUL ISLAM SABHA , NEELESHWARAM AMSON
DESOM, HOSDURG TALUK, KASARGOD., PIN - 671314
14 C.H MUHAMMED KUNHI, AGED 45 YEARS
S/O.IBRAHIM, ALLEGED MEMBER, NEELESHWARAM
THARBIYATHUL ISLAM SABHA , NEELESHWARAM AMSON
DESOM, HOSDURG TALUK, KASARGOD., PIN - 671314.
CRP (Wakf) 20/2022
3
15 T.ABDUL RAHMAN, AGED 60 YEARS
S/O.KALLAI AHAMMED HAJI, ALLEGED MEMBER,
NEELESHWARAM THARBIYATHUL ISLAM SABHA ,
NEELESHWARAM AMSON DESOM, HOSDURG TALUK,
KASARGOD., PIN - 671314
16 E. MUHAMMED SHAFI, AGED 60 YEARS
S/O.ABDUL RAHMAN, ALLEGED MEMBER, NEELESHWARAM
THARBIYATHUL ISLAM SABHA , NEELESHWARAM AMSON
DESOM, HOSDURG TALUK, KASARGOD., PIN - 671314
17 RAMARAM SALAM HAJI, AGED 61 YEARS
S/O. KALLAI AHAMED HAJI, ALLEGED MEMBER,
NEELESHWARAM THARBIYATHUL ISLAM SABHA ,
NEELESHWARAM AMSON DESOM, HOSDURG TALUK,
KASARGOD., PIN - 671314
18 ADUKKAM MUHAMMED KUNHI, AGED 58 YEARS
S/O.FATHERS NAME NOT KNOWN, ALLEGED MEMBER,
NEELESHWARAM THARBIYATHUL ISLAM SABHA ,
NEELESHWARAM AMSON DESOM, HOSDURG TALUK,
KASARGOD, PIN - 671314.
19 C.H MUHAMMED KUNHI, AGED 64 YEARS
S/O. IBRAHIM HAJI, ALLEGED MEMBER, NEELESHWARAM
THARBIYATHUL ISLAM SABHA , NEELESHWARAM AMSON
DESOM, HOSDURG TALUK, KASARGOD., PIN - 671314
20 M. MUSTHAFA, AGED 56 YEARS
S/O. FATHERS NAME NOT KNOWN, ALLEGED MEMBER,
NEELESHWARAM THARBIYATHUL ISLAM SABHA ,
NEELESHWARAM AMSON DESOM, HOSDURG TALUK,
KASARGOD., PIN - 671314
BY ADVS.
BABU KARUKAPADATH
M.A.VAHEEDA BABU
P.U.VINOD KUMAR
ARYA RAGHUNATH
VAISAKHI V.
T.M.MUHAMMED MUSTHAQ
AJWIN P LALSON
KARUKAPADATH WAZIM BABU
P.LAKSHMI
AISWARYA ANN JACOB
CRP (Wakf) 20/2022
4
RESPONDENTS/PETITIONERS & RESPONDENTS 15 & 22 IN THE
IA/PLAINTIFFS & DEFENDANTS 15 & 22:
1 NOUFAL E.P, AGED 37 YEARS, S/O. ABDUL RAHIMAN,
SAMEERA MANZIL, NEELESHWARAM AMSON DESOM,
NEELESHWARAM P.O, HOSDURG TALUK, KASARGOD., PIN
- 671314
2 MUHAMMED IRSHAD. C., AGED 28 YEARS
S/O. ABDULLA, A.K HOUSE, NEELESHWARAM AMSON
DESOM, NEELESHWARAM P.O, HOSDURG TALUK,
KASARGOD., PIN - 671314
3 NABEER. N, AGED 38 YEARS, S/O. MEHMOOD, NABEENA
MANZIL, NEELESHWARAM AMSON DESOM, NEELESHWARAM
P.O, HOSDURG TALUK, KASARGOD., PIN - 671314
4 FAIZAL. P., AGED 32 YEARS,
S/O. AHAMMEDKUNHI, BISMILLAH HOUSE,
NEELESHWARAM AMSON DESOM, NEELESHWARAM P.O,
HOSDURG TALUK, KASARGOD., PIN - 671314
5 SHAMSHEER. P., AGED 36 YEARS
S/O. ABDUL RAHOOF, SHAMNA MANZIL, NEELESHWARAM
AMSON DESOM, NEELESHWARAM P.O, HOSDURG TALUK,
KASARGOD., PIN - 671314
6 P.K USMAN, AGED 63 YEARS
S/O. FATHERS NAME NOT KNOWN, ALLEGED MEMBER,
NEELESHWARAM THARBIYATHUL ISLAM SABHA,
NEELESHWARAM AMSON DESOM, HOSDURG TALUK,
KASARGOD., PIN - 671314
7 THE KERALA STATE WAQF BOARD
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, VIP
ROAD, KALOOR, ERNAKULAM., PIN - 682017
BY ADVS.
K.M.FIROZ
M.SHAJNA
P.C.MUHAMMED NOUSHIQ
SRI.JAMSHEED HAFIZ
THIS CRP (WAKF ACT) HAVING COME UP FOR ADMISSION ON
29.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
CRP (Wakf) 20/2022
5
C.S.DIAS & C.JAYACHANDRAN, JJ.
------------------------------------
CRP (Wakf) No.20 of 2022
-------------------------------------
Dated this the 29th day of April, 2022
ORDER
Jayachandran, J.
1. This revision is directed against the Order
of the Wakf Tribunal, Kozhikode dated 14.3.2022
in I.A No.850/2021 in W.O.S No. 33/2021. As per
the impugned Order, the injunction sought for by
respondents 1 to 5 herein to restrain the
revision petitioners herein from administering
and managing the Wakf was dismissed. However, the
Tribunal directed supervision of the
administration and management of the wakf by the
Managing Committee (first revision petitioner
herein) by a person appointed by the Kerala State
Wakf Board, particularly with respect to the
accounts. The Tribunal further directed that new
construction works or public functions intended
to be conducted by the Committee shall be done
CRP (Wakf) 20/2022
only with the prior sanction of the Wakf Board,
with intimation to the Tribunal. The revision
petitioners - Members of the Managing Committee
of the Wakf - are highly aggrieved about the
above directions.
2. Sri.Babu Karukapadath, learned counsel for
the revision petitioners, vehemently argued that
the directions of the Wakf Tribunal are wholly
beyond the jurisdiction of the Tribunal, more so
when the plaintiffs/petitioners have failed to
establish a prima facie case in their favour. The
subject suit was filed challenging election to
the Managing Committee of the Wakf, for want of
compliance of the necessary legal formalities. It
is on the strength of such allegation that I.A
No.850/21 was filed seeking an injunction to
restrain defendants 1 to 21 in the suit from
administering and managing the Wakf. Having not
found a prima facie case and balance of
convenience in favour of the plaintiffs/
petitioners, the proper course was to dismiss the
CRP (Wakf) 20/2022
injunction application. Instead, the Tribunal
over stepped its jurisdiction to grant reliefs in
the form of directions, which are not even sought
for by the petitioners/plaintiffs. The direction
to appoint a person to directly supervise the
administration and management of the Wakf is
nothing but a clear fetter on the legitimate
rights and powers of the duly elected Committee,
which can hardly be countenanced in law. That
apart, the Tribunal has virtually delegated the
powers, if any, of the Wakf Board to a person,
directed to be nominated by the Board, which
course is surely impermissible. On such premise,
the learned counsel seeks to set aside the
directions of the Wakf Tribunal in its Order
dated 14.3.2022.
3. Sri.K.M.Firoz, learned counsel for the
respondents 1 to 5 (plaintiffs/petitioners in the
suit) resisted the above contentions of the
revision petitioners, harping on Section 32 of
the of the Wakf Act, 1995, which deals with the
CRP (Wakf) 20/2022
powers and functions of the Wakf Board.
According to the learned counsel, the directions
impugned are in perfect harmony and in consonance
with the powers envisaged in Section 32 of the
Wakf Act, wherefore, no interference, whatsoever,
is warranted by this Court. On facts, the learned
counsel would seek to sustain the directions by
pointing out that there exists every chance of
misappropriation of funds of the Wakf for
purposes unconnected with the Wakf, unless the
management and administration are supervised.
Learned counsel pointed out that all what has
been dismissed by the learned Tribunal is the
interim relief and the challenge to the election
to the Managing Committee of the Wakf is very
much at large in the pending suit.
4. Sri.Jamsheed Hafiz, learned Standing Counsel
appearing for the Wakf Board, toed in line with
respondents 1 to 5, so as to sustain the
directions impugned, again relying upon Section
32 of the Wakf Act.
CRP (Wakf) 20/2022
5. A perusal of Section 32 of the Wakf Act
would amplify that the Wakf Board have the power
of general superintendence over all Auqaf. It is
in fact the duty of the Board, going by Section
32, to ensure that the Auqaf under its
superintendence are properly maintained,
controlled and administered and the income
thereof is duly applied to the objects and for
the purposes of such Auqaf. Sub-section (2) to
Section 32 details serially the power of the
Board, which includes inter alia the power to
give directions for administration of the Wakf
and to ensure that income and property of the
Wakf are applied to the objections/purposes of
such Wakf.
6. The power of superintendence/supervision of
the Wakf Board over the Auqaf is, therefore,
unassailable per force of the Act, de hors any
direction from the Wakf Tribunal. The limited
compass of controversy is with respect to the
CRP (Wakf) 20/2022
alleged delegation of such powers to a person
nominated by the Wakf Board as directed in the
impugned order. Here, we find force in the
submission made by the learned counsel for
revision petitioners. The power of
superintendence/ supervision is vested with the
Wakf Board and, therefore, the direction that the
person nominated by the Board shall directly
supervise the administration and management of
the Wakf by the Managing Committee cannot be
sanctioned by law. Here, we take stock of the
apprehension of the learned counsel for the
revision petitioners that the nominated person
may assume overwhelming powers so as to frustrate
even the well meaning actions of the Managing
Committee. We are in agreement with the
contention of the learned counsel for the
revision petitioners that such nominated person
can only report the relevant activities to the
Wakf Board, so as to enable the Board to
supervise the administration and management of
the Wakf by the Managing Committee.
CRP (Wakf) 20/2022
7. Similarly, we find it difficult to approve
the direction of the learned Tribunal that the
Managing Committee shall seek prior sanction of
the Wakf Board even for conducting public
functions. Sri.K.M.Firoz, learned counsel
appearing for respondents 1 to 5
(plaintiffs/petitioners in the suit) contended
that such direction is quite necessary, as
otherwise, extravagant expenditure will be
incurred under the guise of conducting public
functions. We are not in agreement with the
learned counsel in this regard. Superintendence
over financial matters is very much envisaged in
Section 32. It specifically enjoins the Board to
ensure that the income of the Auqaf is applied
and spent only for the objects and purposes of
such Auqaf. Thus, ample power is conferred on the
Board to prevent any extravagant expenditure. To
seek prior permission for conducting public
functions, even for preventing the supposed
extravagansa, appears to be an unreasonable
CRP (Wakf) 20/2022
fetter on the powers of the Managing Committee.
In fact, the object can be achieved de hors the
impugned direction by virtue of the powers
conferred by Section 32 of the Act. So also, we
do not deem it proper and necessary to intimate
the Tribunal about any new construction,
expenditure incurred etc, for, the scope of
interference of the Tribunal is only on the event
of a dispute, and not with respect to the day-
today affairs of administration of the Wakf.
8. In the light of the above discussion and
finding the aforementioned fetter imposed on the
Managing Committee unreasonable, we allow this
revision in part and modify the operative portion
of the impugned order as follows:
"The Wakf Board will supervise the
administration and management of respondent
no.1 Committee, especially, with respect to
the accounts. The Board can nominate a person
to collect and report the relevant
CRP (Wakf) 20/2022
information/input, so as to enable the Board
to carry out the supervision effectively. New
construction works, if any, shall be done
with the prior permission of the Wakf Board."
Sd/-
C.S.DIAS
JUDGE
Sd/-
C.JAYACHANDRAN
JUDGE
jg
