Kerala High Court
Vakkom Padinjare Muslim Jama-Ath vs The Kerala State Wakf Board on 25 October, 2024
Author: Amit Rawal
Bench: Amit Rawal
WP(C) NO. 37043 OF 2024 1
2024:KER:82544
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946
WP(C) NO. 37043 OF 2024
PETITIONER(S):
1 VAKKOM PADINJARE MUSLIM JAMA-ATH
CHIRAYINKEEZHU TALUK, VAKKOM.P.O., THIRUVANANTHAPURAM
DISTRICT – 695308, REPRESENTED BY ITS
PRESIDENT, ABDUL VAHAB, AGED 70 YEARS, S/O VAHAB,
RESIDING AT VALIYA PALLI THEKKATHU, VAKKOM VILLAGE,
CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT,
KERALA, PIN - 695308
2 ABDUL VAHAB
AGED 70 YEARS
PRESIDENT, VAKKOM PADINJARE MUSLIM JAMA-ATH,
CHIRAYINKEEZHU TALUK, VAKKOM.P.O., THIRUVANANTHAPURAM
DISTRICT – 695308, RESIDING AT VALIYA PALLI
THEKKATHIL, VAKKAOM VILLAGE, CHIRAYINKEEZHU TALUK,
THIRUVANATHAPURAM DISTRICT, KERALA, PIN - 695308
3 AJILAL
AGED 42 YEARS
S/O SAKKEER, GENERAL SECRETARY, VAKKOM PADINJARE
MUSLIM JAMA-ATH, CHIRAYINKEEZHU TALUK, VAKKOM.P.O.,
THIRUVANANTHAPURAM DISTRICT – 695308, RESIDING
AT CHAYAKKUDI HOUSE, VAKKAOM VILLAGE, CHIRAYIKEEZHU
TALUK, THIRUVANANTHAPURAM DISTRICT, KERALA, PIN -
695308
4 KALIM
AGED 68 YEARS
TREASURER, VAKKOM PADINJARE MUSLIM JAMA-ATH,
CHIRAYINKEEZHU TALUK, VAKKOM.P.O., THIRUVANANTHAPURAM
DISTRICT – 695308, RESIDING AT S.S.VILLA,
VAKKOM VILLAGE, CHIRAYINKEEZHU TALUK,
THIRUVANATHAPURAM DISTRICT, KERALA, PIN - 695308
BY ADVS.
P.K.MUHAMMED
SALIM KUMAR A.
WP(C) NO. 37043 OF 2024 2
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RESPONDENT/S:
1 THE KERALA STATE WAKF BOARD
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, VIP ROAD
KALOOR, COCHIN, ERNAKULAM DISTRICT, PIN - 682017
2 ASHRAF
AGED 68 YEARS
S/O ISHAQUE, FORMER SECRETARY VAKKOM PADINJARE MUSLIM
JAMA-ATH, RESIDING AT ANOOP MANZIL, VAKKOM VILLAGE,
CHIRAYINKEEZHU TALUK, THIRUVANATHAPURAM DISTRICT,
KERALA, PIN - 695308
3 A.FOUSY
AGED 68 YEARS
S/O ABDUL MAJEED, FORMER TREASURER VAKKOM PADINJARE
MUSLIM JAMA-ATH, RESIDING AT ARA VEEDU, VAKKOM
VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANATHAPURAM
DISTRICT, KERALA, PIN - 695308
OTHER PRESENT:
SRI JAMSHEED HAFIZ SC WAQF
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
25.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 37043 OF 2024 3
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JUDGMENT
Amit Rawal, J.
First petitioner is the Jama-ath and second, third and fourth
petitioners are the President, General Secretary and Treasurer of the
Jama-ath. In the audit conducted by the Waqf Board, it was found
that there was a misappropriation to the tune of Rs.5,45,000/- during
the tenure of the previous office bearers ie., the respondent Nos.2
and 3. Accordingly notice Ext.P3 was issued for recovering the
amount but according to the averments, the respondents did not
respond. Considering that predicament, we had on 23.10.2024
issued notice.
2. Mr. Jamsheed Hafiz, learned counsel appearing on behalf of
the Waqf Board submitted that the explanation of the defaulters had
already been received, found to be not satisfactory. Board has
already taken a decision to initiate the prosecution proceedings in
the matter and legal action in accordance with law shall be taken.
3. We have heard the learned counsel for the parties and
appraised the paper book. It is little intriguing that despite having
found an amount to be recoverable from the previous office bearers,
there was no diligent act. Since the statement noticed above, the
Board is likely to take action, we are of the view that the no useful
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purpose would be served in keeping the petition pending. We thus
dispose of the writ petition by issuing directions to the respondent
Board to initiate the steps as they have already decided to take as
per the decision noticed above and file the prosecution complaint as
early as possible. Liberty is granted to revive the matter, in case the
direction of this court is found to be not complied in letter and spirit.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
sab EASWARAN S.
JUDGE
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APPENDIX OF WP(C) 37043/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LETTER NO.A7- 1428/19
DATED 20.4.2022 ISSUED BY THE DIVISIONAL
WAKF OFFICER, KERALA STATE WAQF BOARD TO
THE SECRETARY, THE 1ST RESPONDENT TO THE
SECRETARY, VAKKOM PADINJARE MUSLIM JAMA-ATH
ALONG WITH TRUE ENGLISH TRANSLATION
Exhibit P2 TRUE COPY OF THE LETTER NO.V.P. J: 96/22
DATED 25.5.2022 ISSUED BY THE GENERAL
SECRETARY OF THE 1ST PETITIONER TO THE
ADMINISTRATIVE CUM ACCOUNTS OFFICER, KERALA
STATE WAQF BOARD ALONG WITH TRUE ENGLISH
TRANSLATION
Exhibit P3 TRUE COPY OF THE NOTICE NO.A7 –
1428/19 DATED 25.6.2022 ISSUED BY THE
DIVISIONAL WAKF OFFICER, KERALA STATE WAQF
BOARD TO THE TO ONE AMEEN HAJI AND 2ND AND
3RD RESPONDENTS WHO ARE THE FORMER OFFICE
BEARERS WITH COPY TO THE 3RD AND 2ND
PETITIONERS ALONG WITH TRUE ENGLISH
TRANSLATION
Exhibit P4 TRUE COPY OF THE NOTICE NO.A7-1428/19 DATED
8.3.2023 ISSUED BY THE DIVISIONAL WAKF
OFFICER, KERALA STATE WAQF BOARD TO ONE
AMEEN HAJI AND 2ND AND 3RD RESPONDENTS WHO
ARE THE FORMER OFFICE BEARERS WITH COPY TO
THE 3RD AND 2ND PETITIONERS ALONG WITH TRUE
ENGLISH TRANSLATION
