Kerala High Court
Chavakkad Municipality vs The Kerala State Wakf Board on 24 September, 2024
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
TUESDAY, THE 24TH DAY OF SEPTEMBER 2024 / 2ND ASWINA,
1946
WP(C) NO. 32652 OF 2024
PETITIONER/S:
1 CHAVAKKAD MUNICIPALITY
MUNICIPAL OFFICE, CHAVAKKAD P.O. THRISSUR DISTRICT,
REPRESENTED BY ITS SECRETARY, PIN - 680506
2 THE SECRETARY
CHAVAKKAD MUNICIPALITY, MUNICIPAL OFFICE, CHAVAKKAD
P.O. THRISSUR DISTRICT, PIN - 680506
BY ADVS.
V.N.HARIDAS
SAIFUDEEN T.S
B.SHAMEERA
NIMISHAMOL SASIDHARAN
RESPONDENT/S:
1 THE KERALA STATE WAKF BOARD
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER OFFICE OF
THE KERALA STATE WAKF BOARD V.I.P. ROAD, KALOOR,
KOCHI ERNAKULAM DISTRICT, PIN - 682017
2 THE CHIEF EXECUTIVE OFFICER
KERALA STATE WAKF BOARD, OFFICE OF THE KERALA STATE
WAKF BOARD, V.I.P. ROAD, KALOOR, KOCHI ERNAKULAM
DISTRICT, PIN - 682017
3 MANATHALA JUMA-ATH COMMITTEE
REPRESENTED BY ITS SECRETARY, MANATHALA, P.O.
CHAVAKKAD THRISSUR DISTRICT,, PIN - 680506
BY ADV Jamsheed Hafiz
OTHER PRESENT:
SRI JAMSHEED HAFIZ SC WAQF
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) 32652/2024
2
AMIT RAWAL & EASWARAN S., JJ.
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WP(C) No.32652 of 2024
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Dated this the 24th day of September, 2024
JUDGMENT
Easwaran S.,J.
Chavakkad Municipality has come up before this Court
aggrieved by Ext.P7 order dated 22.6.2024 passed by the Chief
Executive Officer of the Kerala State Waqf Board directing the
Government to initiate disciplinary proceedings against the
Secretary of the petitioner-Municipality.
2. The 1st respondent- Kerala State Waqf Board, initiated
proceedings under the Waqf Act, 1995 claiming that the property in
survey No.346/4, 8 & 5 is Waqf property registered under the Waqf
Register. Ext.P4 notice was issued to the Municipality requiring the
Municipality to submit the details as to whether prior sanction was
obtained before transferring the property in favour of the
Municipality. In terms of the provisions contained under Section 54
of the Waqf Act, 1995, when procedures were initiated, Ext.P5 notice
dated 28.12.2023 was issued directing the petitioner-Municipality
to submit a written version along with supporting documents on or
before 31.1.2024 and to appear for enquiry and online hearing on
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WP(C) 32652/2024
1.2.2024. By Ext.P6 dated 31.1.2024, the petitioner sought further
time. The petitioner contends that on 2.2.2024, they could not get
access to the meeting through online mode and thereafter, nothing
was heard from the 1st respondent Board. On 22.6.2024, the
petitioner was served with Ext.P7 order stating that since no
appearance of the petitioner was made, it was recommended to
initiate disciplinary proceedings against the Secretary of the
petitioner-Municipality before the Government.
3. We have heard Sri.V.N.Haridas, learned counsel
appearing for the petitioner-Municipality, and Sri.Jamsheed Hafiz,
learned Standing Counsel appearing for the Waqf Board, and have
perused the orders impugned in the writ petition.
4. At the outset, we must say that Ext.P7 is clearly
erroneous and is wholly without jurisdiction. If, as a matter of fact,
the petitioner could not appear on the given date for enquiry in a
proceedings under Section 54 of the Waqf Act, 1995, at best, the
Waqf Board could have intimated to the petitioner another date of
hearing and proceeded with the matter accordingly. Even assuming
that the petitioner did not appear, it was within the domain of the
Waqf Board to pass appropriate orders in terms of the provisions
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WP(C) 32652/2024
contained under Section 54 of the Waqf Act. Instead of taking
recourse to such measures or proceedings, the Waqf Board
recommended to the Government to take departmental action
against the Secretary of the petitioner-Municipality. In our
considered view, the Waqf Board or the Chief Executive Officer
attached to the Waqf Board has no such authority conferred upon
it/him in terms of the provisions contained under the Waqf Act,
1995 for recommending to the Government to take disciplinary
action against the Secretary of the Municipality.
In view of the above, we are of the view that Ext.P7 is liable to
be interdicted by this Court. Accordingly, the writ petition is
allowed. Ext.P7 is set aside. The 2nd respondent is directed to
intimate to the petitioner the next date of hearing in the proceedings
under Section 54 of the Waqf Act, 1995 well in advance and proceed,
in accordance with law.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
EASWARAN S.
JUDGE
jg
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WP(C) 32652/2024
APPENDIX OF WP(C) 32652/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE RELEVANT PAGES OF THE
ASSET REGISTER OF THE MUNICIPALITY DATED NIL
Exhibit P1(a) TRUE TYPED COPY OF THE ENGLISH TRANSLATION
OF EXHIBIT P1
Exhibit P2 A TRUE COPY OF THE LETTER ISSUED BY THE
DIVISIONAL WAKF OFFICER, THRISSUR OF THE 1ST
RESPONDENT DATED 25.01.2022
Exhibit P2(a) TRUE TYPED COPY OF THE ENGLISH TRANSLATION
OF EXHIBIT P2
Exhibit P3 A TRUE COPY OF THE LETTER ALONG WITH THE
COUNCIL RESOLUTION ISSUED BY THE
PETITIONERS TO THE DIVISIONAL WAKF OFFICER,
THRISSUR OF THE 1ST RESPONDENT DATED
11.04.2022
Exhibit P3(a) TRUE TYPED COPY OF THE ENGLISH TRANSLATION
OF EXHIBIT P3
Exhibit P4 A TRUE COPY OF THE LETTER ISSUED BY THE
DIVISIONAL WAKF OFFICER, THRISSUR OF THE 1ST
RESPONDENT TO THE 2ND PETITIONER DATED
30.04.2022
Exhibit P4(a) TRUE TYPED COPY OF THE ENGLISH TRANSLATION
OF EXHIBIT P4
Exhibit P5 A TRUE COPY OF THE NOTICE OF INQUIRY ISSUED
BY THE 1ST RESPONDENT DATED 28.12.2023
Exhibit P6 A TRUE COPY OF THE REPLY SENT BY THE
PETITIONERS TO THE 1ST RESPONDENT DATED
31.01.2024
Exhibit P6(a) TRUE TYPED COPY OF THE ENGLISH TRANSLATION
OF EXHIBIT P6
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WP(C) 32652/2024
Exhibit P7 A TRUE COPY OF THE ORDER ISSUED BY THE 2ND
RESPONDENT DATED 22.06.2024
Exhibit P7(a) TRUE TYPED COPY OF THE ENGLISH TRANSLATION
OF EXHIBIT P7
