Valillappuzha Muslim Jumaath, ... vs The Kerala State Waqf Board
2022 Latest Caselaw 11523 Ker

           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.23109 OF 2022

PETITIONERS:


    1     VALILLAPPUZHA MUSLIM JUMAATH,
          REPRESENTED BY ITS PRESIDENT S.K. MUHAMMED,
          AGED 63 YEARS, S/O. MOIDEEN, RESIDING AT
          SHANKARANKANDI HOUSE, KEEZHAMPPARAMBU, AREEKKODE,
          VALILLAPPUZHA (P.O), MALAPPURAM, PIN - 673 639
    2     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.

          BY ADVS.
          JAWAHAR JOSE
          CISSY MATHEWS


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     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
 W.P.(C) No.23109/2022

                                           2



      5       MUHAMMED THAHA, AGED 32 YEARS,
              S/O.ABDULLA MUSLIAR, RESIDING AT HIBU MANZIL,
              KEEZHAMPPARAMBU, AREEKKODE, VALILLAPPUZHA (P.O),
              MALAPPURAM., PIN - 673 639
      6       VALILLAPPUZHA MUSLIM JUMAATH PALLI PARIPALANA
              COMMITTEE, REPRESENTED BY ITS SECRETARY,
              Y.P.MOIDEEN KUTTY, KEEZHAMPPARAMBU, AREEKKODE,
              VALILLAPPUZHA (P.O), MALAPPURAM., PIN - 673 639
      7       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
      8       MUHAMMED HANEEFA, AGED 34 YEARS,
              S/O. HAMSA, RESIDING AT PANCHALI VEEDU,
              KEEZHAMPPARAMBU, AREEKKODE, VALILLAPPUZHA (P.O),
              MALAPPURAM, PIN - 673 639
      9       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 R6 & R7

              JAMSHEED HAFIZ, STANDING COUNSEL




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   15.12.2022,        THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) No.23109/2022

                                               3




                                            JUDGMENT

(Dated: 15th December, 2022)

Basant Balaji, J.

This writ petition is filed seeking the following reliefs:

i. "Call for the records leading to Ext.P14 order, and issue a writ in the nature of certiorari, quashing the said order, ii. Declare that the wakf board has no jurisdiction to decide Ext.P10 application, thereby merge the registration of wakfs by name "Valillappuzha Muslim Jumaath" and "Tharbiyyathul Uloom Madrassa" as one entity, as the said adjudication can only be done by the wakf Tribunal under Section 83(2) of the Wakf Act, 1995, iii. Declare that the appointment of 6th respondent as the muthavalli of two wakfs named "Valillappuzha Muslim Jumaath" and "Tharbiyyathul Uloom Madrassa" is illegal and arbitrary, as the said two wakfs are independent of each other in all respects, and

iv. Declare that the Walf Board has no jurisdiction to merge two wakfs named "Valillappuzha Muslim Jumaath" and "Tharbiyyathul Uloom Madrassa" as one entity, in an original petition filed by the respondents 2 to 5, to conduct the election of the petitioner society".

The petitioner is the Valillappuzha Muslim Jama-ath. The

2nd petitioner in this writ petition has approached this court

styled himself as the Secretary to the Jama-ath for quashing the

proceedings of the District Registrar General, allowing a review W.P.(C) No.23109/2022

petition cancelling the proceedings dated 15.12.2018 by which

the list of committee members submitted by the 2 nd petitioner

herein was accepted. This Court by judgment dated 05.12.2022

dismissed the petition, holding that the 1st respondent is well

within the power to recall the order.

In view of the judgment dated 05.12.2022 in

W.P.(C)No.13532 of 2019, the petitioner in this writ petition has

no locus standi to challenge Ext.P14 order impugned in this writ

petition, hence the writ petition is closed.

Sd/-

S.V.BHATTI, JUDGE

Sd/-

BASANT BALAJI, JUDGE ss W.P.(C) No.23109/2022

APPENDIX OF WP(C) 23109/2022

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE EXTRACT OF WAKF REGISTER WITH RESPECT TO THE REGISTRATION OF VALILLAPPUZHA 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 THE PETITIONER SOCIETY. Exhibit-P2(a) TRUE COPY OF THE APPLICATION SUBMITTED BY THE SECRETARY OF PETITIONER SOCIETY IN THE YEAR 1981, FOR OBTAINING THE WAKF REGISTRATION Exhibit-P2(b) TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT-P2(A) DOCUMENT 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) Exhibit-P4 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.22576/2019 OF THIS HON'BLE COURT Exhibit-P8 TRUE COPY OF THE OBJECTION DATED 30-8-2018 FILED BY THE 2ND PETITIONER 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 FILED BY THE 6TH RESPONDENT BEFORE THE DIVISIONAL OFFICER OF THE WAKF BOARD Exhibit-P11 TRUE COPY OF THE JUDGMENT DATED 18-1-2022 W.P.(C) No.23109/2022

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 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