Kerala High Court
Basheer P.T vs The Kerala State Waqf Board on 15 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE S.V.BHATTI
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 15TH DAY OF DECEMBER 2022 / 24TH AGRAHAYANA, 1944
W.P.(C) NO.22374 OF 2022
PETITIONER:
THARBIYATHUL ULOOM MADRASSA VALLAPUZHAKKAL
(KULATHINJAL), VALLILLAPUZHA P.O, AREECODE,
MALAPPURAM DISTRICT, PIN - 673639,
REPRESENTED BY ITS PRESIDENT ASHARAF.P.T.,
BY ADVS.
JAWAHAR JOSE
P.B.KRISHNAN
RESPONDENTS:
1 THE KERALA STATE WAQF BOARD,
V.I.P ROAD, KALOOR P.O, KOCHI - 682 017
REPRESENTED BY THE CHIEF EXECUTIVE OFFICER,
2 BASHEER P.T, AGED 48 YEARS,
S/O. KUNHIMOIDEEN, RESIDING AT PALAMTHODI HOUSE,
KEEZHAMPPARAMBU, AREEKKODE,
VALILLAPPUZHA P.O, MALAPPURAM, PIN - 673 639
3 HARIS K.V, AGED 44 YEARS,
S/O. ASSAIN, RESIDING AT KATTILVEETTIL HOUSE,
KEEZHAMPPARAMBU, AREEKKODE, VALILLAPPUZHA (P.O),
MALAPPURAM, PIN - 673 639
4 IBRAHIM KARANGADAN, AGED 54 YEARS, S/O. ALI,
RESIDING AT ARIKKUZHIKKAD HOUSE,
KEEZHAMPPARAMBU, AREEKKODE, VALILLAPPUZHA (P.O),
MALAPPURAM, PIN - 673 639
5 MUHAMMED THAHA, AGED 32 YEARS, S/O.ABDULLA MUSLIAR,
RESIDING AT HIBU MANZIL, KEEZHAMPPARAMBU, AREEKKODE,
VALILLAPPUZHA (P.O), MALAPPURAM, PIN - 673 639
W.P.(C) No.22374/2022 & 22977/2022
2
VALILLAPPUZHA MUSLIM JUMAATH,
REPRESENTED BY ITS PRESIDENT, S.K. MUHAMMED,
6 AGED 63 YEARS, S/O. MOIDEEN, RESIDING SHANKARANKANDI
HOUSE, KEEZHAMPPARAMBU, AREEKKODE,
VALILLAPPUZHA (P.O), MALAPPURAM, PIN - 673 639
7 ABDUL LATHEEF. K, AGED 52 YEARS,
S/O. ALI, SECRETARY, VALILLAPPUZHA MUSLIM JUMAATH,
RESIDING AT POOZHIKKUNNU HOUSE, KEEZHAMPPARAMBU,
AREEKKODE,VALILLAPPUZHA (P.O), MALAPPURAM,
PIN - 673 639
8 VALILLAPPUZHA MUSLIM JUMAATH PALLI PARIPALANA
COMMITTEE, REPRESENTED BY ITS SECRETARY,
Y.P. MOIDEEN KUTTY, KEEZHAMPPARAMBU, AREEKKODE,
VALILLAPPUZHA (P.O), MALAPPURAM, PIN - 673 639
9 Y.P. MOIDEEN KUTTY, AGED 64 YEARS,
S/O. MUHAMMED, SECRETARY, VALILLAPPUZHA MUSLIM
JUMAATH PALLI PARIPALANA COMMITTEE,
RESIDING AT POOZHIKKUNNU HOUSE, KEEZHAMPPARAMBU,
AREEKKODE, VALILLAPPUZHA (P.O), MALAPPURAM,
PIN - 673 639
10 MUHAMMED HANEEFA, AGED 34 YEARS,
S/O. HAMSA, RESIDING AT PANCHALI VEEDU,
KEEZHAMPPARAMBU, AREEKKODE, VALILLAPPUZHA (P.O),
MALAPPURAM, PIN - 673 639
11 ASHEEM MUHAMMED ASHRAF, AGED 28 YEARS,
S/O. ASHRAF, RESIDING AT PALAKKAL HOUSE,
KEEZHAMPPARAMBU, AREEKKODE,
VALILLAPPUZHA (P.O), MALAPPURAM, PIN - 673 639
BY ADVS.
JAGAN ABRAHAM M GEORGE
JAISON ANTONY
KRISHNAKUMAR M for R8 & R9
EDWIN JOSEPH(K/2332/2021)
SC, JAMSHEED HAFIZ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.12.2022, ALONG WITH WP(C).22977/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.22374/2022 & 22977/2022
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE S.V.BHATTI
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 15TH DAY OF DECEMBER 2022 / 24TH AGRAHAYANA, 1944
WP(C) NO. 22977 OF 2022
PETITIONERS:
1 BASHEER P.T., AGED 48 YEARS,
S/O. KUNHIMOIDEEN, RESIDING AT PALAMTHODI HOUSE,
KEEZHAMPPARAMBU, AREEKKODE, VALILLAPPUZHA (P.O),
MALAPPURAM., PIN - 673 639
2 HARIS K.V., AGED 44 YEARS,
S/O. ASSAIN, RESIDING AT KATTILVEETTIL HOUSE,
KEEZHAMPPARAMBU, AREEKKODE, VALILLAPPUZHA (P.O),
MALAPPURAM, PIN - 673 639
3 IBRAHIM KARANGADAN, AGED 54 YEARS,
S/O. ALI, RESIDING AT ARIKKUZHIKKAD HOUSE,
KEEZHAMPPARAMBU, AREEKKODE, VALILLAPPUZHA (P.O),
MALAPPURAM, PIN - 673 639
4 MUHAMMED THAHA, AGED 32 YEARS,
S/O. ABDULLA MUSLIAR, RESIDING AT HIBU MANZIL,
KEEZHAMPPARAMBU, AREEKKODE, VALILLAPPUZHA (P.O),
MALAPPURAM, PIN - 673 639
BY ADV JAGAN ABRAHAM M.GEORGE
RESPONDENTS:
1 THE KERALA STATE WAQF BOARD,
V.I.P. ROAD, KALOOR (P.O), KOCHI, PIN - 682 017,
REPRESENTED BY THE CHIEF EXECUTIVE OFFICER,
2 VALILLAPPUZHA MUSLIM JUMAATH, REPRESENTED BY ITS
PRESIDENT S.K. MUHAMMED, S/O. MOIDEEN,
RESIDING AT SHANKARANKANDI HOUSE, KEEZHAMPPARAMBU,
W.P.(C) No.22374/2022 & 22977/2022
4
AREEKKODE, VALILLAPPUZHA (P.O), MALAPPURAM,
PIN - 673 639
3 ABDUL LATHEEF. K., AGED 52 YEARS,
S/O. ALI, SECRETARY, VALILLAPPUZHA MUSLIM JUMAATH,
RESIDING AT POOZHIKKUNNU, KEEZHAMPPARAMBU,
AREEKKODE, VALILLAPPUZHA (P.O), MALAPPURAM,
PIN - 673 639
4 VALILLAPPUZHA MUSLIM JUMAATH PALLI PARIPALANA
COMMITTEE, REPRESENTED BY ITS SECRETARY Y.P.MOIDEEN
KUTTY, KEEZHAMPPARAMBU, AREEKKODE, VALILLAPPUZHA
(P.O), MALAPPURAM, PIN - 673 639
5 Y.P. MOIDEEN KUTTY, AGED 64 YEARS,
S/O. MUHAMMED, SECRETARY, VALILLAPPUZHA MUSLIM
JUMAATH PALLI PARIPALANA COMMITTEE, RESIDING AT
POOZHIKKUNNU HOUSE, KEEZHAMPPARAMBU, AREEKKODE,
VALILLAPPUZHA (P.O), MALAPPURAM, PIN - 673 639
6 MUHAMMED HANEEFA, AGED 34 YEARS,
S/O. HAMSA, RESIDING AT PANCHALI VEEDU,
KEEZHAMPPARAMBU, AREEKKODE, VALILLAPPUZHA (P.O),
MALAPPURAM, PIN - 673 639
7 ASHEEM MUHAMMED ASHRAF, AGED 28 YEARS,
S/O. ASHRAF, RESIDING AT PALAKKAL HOUSE,
KEEZHAMPPARAMBU, AREEKKODE, VALILLAPPUZHA (P.O),
MALAPPURAM, PIN - 673 639
BY ADV KRISHNAKUMAR M - FOR R4 & R5
SC, JAMSHEED HAFIZ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.12.2022, ALONG WITH WP(C).22374/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.22374/2022 & 22977/2022
5
JUDGMENT
(Dated: 15th December, 2022)
Basant Balaji, J.
The petitioner in W.P.(C)No.22374 of 2022 is a registered
society, registered under the Societies Registration Act, 1860.
The committee of the society is the muthawalli of a Wakf by
name, Tharbiyyathul Uloom Madrassa. The grievance of the
petitioner is that the Wakf Board by the impugned order merged
two wakfs, by name 'Tharbiyyathul Uloom Madrassa' and
'Valillappuzha Muslim Jama-ath' as one and they further
declared the Valillappuzha Muslim Jama-ath Palli Paripalana
Committee, the 8th respondent as the muthawalli. The
Valillappuzha Muslim Jama-ath Palli Paripalana Committee was
registered as a wakf in the year 1981 and the secretary is the
muthawalli of the wakf. Tharbiyyathul Uloom Madrassa is
registered with the wakf board on 10.02.2017 with
W.P.(C) No.22374/2022 & 22977/2022
Reg.No.9160/RA. Respondents 2 to 5 filed a petition before the
Wakf Board under Sections 32, 47, 67 and 70 of the Wakf Act to
conduct election to the office bearers of the 6 th respondent
society as O.P.No.159 of 2018. The 8th respondent filed a writ
petition before this court as W.P.(C)No.22576 of 2019 that the
petition numbered as O.P.No.159/2018 shall not be disposed of
pending consideration and the objections filed by the 7th
respondent to cancel the separate registration of Tharbiyyathul
Uloom Madrassa. The writ petition was disposed of directing the
Wakf Board to proceed with the steps for conducting the
election of the wakf concerned only after settling the dispute
with respect to the registration granted. A further direction was
also given to consider and decide Exts.P3 and P5 in that writ
petition before disposal of Ext.P7 original petition or before
passing any interim order to the extent of directing the conduct
of election to the wakf. The 8 th respondent filed
W.P.(C)No.19097 of 2021 seeking early disposal, marked as
W.P.(C) No.22374/2022 & 22977/2022
Ext.P3 therein. An application was pending before the Wakf
Board to amend the registration of the Wakf Board. This court
by judgment dated 18.01.2022 disposed of the writ petition as
follows:
"The Wakf Board is bound to consider the
application. The maintainability of the application also
can be considered by the Wakf Board after hearing
both sides. It may not be proper for this Court to
decide the maintainability of such application in a writ
petition filed by the petitioner for consideration of
such application by the Wakf Board. We leave open
the question regarding maintainability to be decided
by the Wakf Board itself. Therefore, we direct the Wakf
Board to dispose Ext.P3 application as expeditiously as
possible, at any rate, within a period of three weeks,
after hearing both parties".
2. The main contention raised by the counsel for the
petitioner is that without complying with the direction in
Ext.P11 judgment, the Wakf Board had taken up O.P.No.159 of
2018 and dismissed the same without giving an opportunity to
the petitioners to raise the question of maintainability, which
W.P.(C) No.22374/2022 & 22977/2022
the Division Bench has given liberty to them to substantiate the
fact that no opportunity was granted to the petitioners. The
petitioner has produced Ext.P13 proceedings sheet in
O.P.No.159 of 2018. It is seen from the proceedings sheet that
on 25.01.2022, the original petition was notified to be posted to
15.03.022, due to covid protocol and for compliance with the
High Court direction. On 15.03.2022, the Wakf Board posted
I.A.Nos.34 of 2021 and 35 of 2021 to 11.05.2022 for hearing.
On 11.05.2022, both the I.A's heard and there was no objection
to impleading R1 and R2. It was posted for orders on
22.06.2022. On 22.06.2022, it was adjourned to 29.06.2022 and
the final order was pronounced dismissing the petition, though
there were dissenting notes by three members. We take note of
the fact that the Wakf Board had not adhered to the directions
in Ext.P11 judgment and granted an opportunity to the
petitioner to raise the question of the maintainability of the
original petition before it. Though there were two postings and
W.P.(C) No.22374/2022 & 22977/2022
on those two postings the I.A's were heard and posted for
orders. From 11.05.2022, there was no posting and on
29.06.2022, the order was pronounced. We have gone through
the averments in the writ petition as well as the Exhibits
produced, more particularly Exts.P11 and P13, we are of the
opinion that the impugned order/Ext.P14 is passed without
giving an opportunity for the petitioner to raise the question of
maintainability.
In the result, the impugned order is set aside, and the
matter is remitted to the Board. The parties are directed to
appear before the board on 23.12.2022. The Board is given the
liberty to give a convenient date for the appearance and disposal
of the case. In the interregnum, the parties are free to raise such
objections that may be available on this behalf in accordance
with law. We are not happy with the fast-track disposal of
Ext.P14 by the Board. The Board should have been a little more
W.P.(C) No.22374/2022 & 22977/2022
careful and focused on directions issued by this Court Ext.P11. It
is made clear that we are not considering the merits of the
matter, and all objections are left open for consideration by the
Board.
Sd/-
S.V.BHATTI, JUDGE
Sd/-
BASANT BALAJI, JUDGE
ss
W.P.(C) No.22374/2022 & 22977/2022
APPENDIX OF WP(C) 22977/2022
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE EXTRACT OF WAKF REGISTER
WITH RESPECT TO THE REGISTRATION OF
VALILLAPUZHA MUSLIM JUMAATH
Exhibit-P2 TRUE COPY OF THE REGISTRATION CERTIFICATE
DATED 12-12-1979 ISSUED BY THE DISTRICT
REGISTRAR, MALAPPURAM, WITH RESPECT TO THE
REGISTRATION OF VALILLAPUZHA MUSLIM
JUMAATH
Exhibit-P3 THE TRUE COPY OF THE REGISTRATION
CERTIFICATE DATED 3-8-2016 ISSUED BY THE
DISTRICT REGISTRAR, MALAPPURAM, WITH
RESPECT TO THE REGISTRATION OF THE SOCIETY
THARBIYATHUL ULOOM MADRASSA VALLAPUZHAKKAL
(KULATHINJAL) ISSUED BY THE DISTRICT
REGISTRAR, MALAPPURAM
Exhibit-P4 TRUE COPY OF THE EXTRACT OF THE WAKF
REGISTER IN RESPECT OF THARBIYATHUL ULOOM
MADRASSA
Exhibit-P5 TRUE COPY OF THE PETITION NUMBERED AS OP
159/2018 BEFORE THE WAKF BOARD
Exhibit-P6 TRUE COPY OF THE ENGLISH TRANSLATION OF
EXHIBIT-P5
Exhibit-P7 TRUE COPY OF THE JUDGMENT DATED 25-11-2019
IN W.P.(C) NO.22576/2019 OF THIS HON'BLE
COURT
Exhibit-P8 TRUE COPY OF THE OBJECTION DATED 30-8-2018
FILED BY THE 3RD RESPONDENT AND ONE ASHRAF
BEFORE THE DIVISIONAL OFFICER OF THE WAKF
BOARD
Exhibit-P9 TRUE COPY OF THE ENGLISH TRANSLATION OF
EXHIBIT-P8
Exhibit-P10 TRUE COPY OF THE APPLICATION DATED 10-9-
2018 BY THE 4TH RESPONDENT BEFORE THE
DIVISIONAL OFFICER OF THE WAKF BOARD
Exhibit-P11 TRUE COPY OF THE JUDGMENT DATED 18-1-2022
IN W.P.(C) NO.19097/2021 OF THIS HON'BLE
COURT
Exhibit-P12 TRUE COPY OF THE RELEVANT PAGES OF THE
COUNTER AFFIDAVIT DATED 18-12-2021 FILED
BY THE RESPONDENTS 2 AND 3 IN W.P.(C)
NO.19097/2021
W.P.(C) No.22374/2022 & 22977/2022
Exhibit-P13 TRUE COPY OF THE PROCEEDINGS IN OP
159/2018 BEFORE THE WAKF BOARD
Exhibit-P14 TRUE COPY OF THE ORDER DATED 29-6-2022 IN
OP 159/2018 BEFORE THE WAKF BOARD
Exhibit-P15 TRUE COPY OF THE DISSENTING NOTE OF THREE
WAKF BOARD MEMBERS TO EXHIBIT-P14 ORDER
Exhibit-P16 TRUE COPY OF THE PLAINT IN W.O.S.
NO.580/2019 ON THE FILES OF WAKF TRIBUNAL,
KOZHIKODE
Exhibit-P17 TRUE COPY OF THE ORDER DATED 8-12-2021 IN
W.O.S NO.580/2019 ON THE FILES OF WAKF
TRIBUNAL, KOZHIKODE
W.P.(C) No.22374/2022 & 22977/2022
APPENDIX OF WP(C) 22374/2022
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE EXTRACT OF WAKF REGISTER
IN RESPECT OF VALILLAPUZHA MYUSLIM JUMAATH
Exhibit-P2 THE TRUE COPY OF THE REGISTRATION
CERTIFICATE DATED 12-12-1929 ISSUED BY THE
DISTRICT REGISTRAR, MALAPPURAM
ExhibitP3 THE TRUE COPY OF THE REGISTRATION
CERTIFICATE DATED 3/8/2016 ISSUED BY THE
DISTRICT REGISTRAR, MALAPPURAM
ExhibitP4 TRUE COPY OF THE EXTRACT OF THE WAKF
REGISTER IN RESPECT OF THARBIYYATHUL ULOOM
MADRASSA
Exhibit-P5 TRUE COPY OF THE PETITION NUMBERED AS OP
159/2018 BEFORE THE WAKF BOARD
Exhibit-P6 TRUE COPY OF THE ENGLISH TRANSLATION OF
EXHIBIT-P5
Exhibit-P7 TRUE COPY OF THE JUDGMENT DATED 25-11-2019
IN W.P.(C) NO.22576 OF 2019 OF THIS
HON'BLE COURT
Exhibit-P8 TRUE COPY OF THE OBJECTION DATED 30-8-2018
FILED BY THE 7TH RESPONDENT AND ONE ASHRAF
BEFORE THE DIVISIONAL OFFICER OF THE WAKF
BOARD
Exhibit-P9 TRUE COPY OF THE ENGLISH TRANSLATION OF
EXHIBIT-P8
Exhibit-P10 TRUE COPY OF THE APPLICATION DATED 10-9-
2018 BY THE 8TH RESPONDENT BEFORE THE
DIVISIONAL OFFICER OF THE WAKF BOARD
Exhibit-P11 TRUE COPY OF THE JUDGMENT DATED 18-1-2022
IN W.P.(C) NO.19097 OF 2021 OF THIS
HON'BLE COURT
Exhibit-P12 TRUE COPY OF THE RELEVANT PAGES OF THE
COUNTER AFFIDAVIT DATED 18-12-2021 FILED
BY THE RESPONDENTS 2 AND 3 IN
W.P.(C).NO.19097 OF 2021
Exhibit-P13 TRUE COPY OF THE PROCEEDINGS IN OP 159 OF
2018 BEFORE THE WAKF BOARD
Exhibit-P14 TRUE COPY OF THE ORDER DATED 29-6-2022 IN
OP 159/2018 BEFORE THE WAKF BOARD
W.P.(C) No.22374/2022 & 22977/2022
Exhibit-P15 TRUE COPY OF THE DISSENTING NOTE OF THREE
WAKF BOARD MEMBERS TO EXHIBIT-P14 ORDER
Exhibit-P16 TRUE COPY OF THE PLAINT IN
W.O.S.NO.580/2019 ON THE FILES OF WAKF
TRIBUNAL, KOZHIKODE
Exhibit-P17 TRUE COPY OF THE ORDER DATED 8-12-2021 IN
W.O.S.NO.580/2019 ON THE FILES OF WAKF
TRIBUNAL, KOZHIKODE
