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Kerala High Court
Thanveerul Islam Yatheem Khana, Rep. By ... vs State Of Kerala on 16 December, 2025
Author: Anil K.Narendran
Bench: Anil K.Narendran
1
WP(C)No.44550 of 2025
2025:KER:97664
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
TUESDAY, THE 16TH DAY OF DECEMBER 2025 / 25TH AGRAHAYANA, 1947
WP(C) NO. 44550 OF 2025
PETITIONERS:
1 THANVEERUL ISLAM YATHEEM KHANA, REP. BY PRESIDENT,
THARUWAYI HAJI, S/O.MOITHEEN
AGED 84 YEARS
CHEERIPOYIL, VILLIAPPALLY AMSOM, DESOM, VADAKARA
TALUK, KOZHIKODE DISTRICT, PIN - 673542
2 THARUWAYI HAJI, S/O.MOITHEEN
AGED 84 YEARS,
PRESIDENT, THANVEERUL ISLAM YATHEEM KHANA,
CHEERIPOYIL, VILLIAPPALLY AMSOM, DESOM, VADAKARA
TALUK, KOZHIKODE, DISTRICT,, PIN - 673542
3 MOIDU,AGED 74 YEARS, S/O.AMMAD
SECRETARY, THANVEERUL ISLAM YATHEEM KHANA,
CHEERIPOYIL, VILLIAPPALLY AMSOM, DESOM, VADAKARA
TALUK, KOZHIKODE DISTRICT,, PIN - 673542
BY ADVS.
SMT.SITHARA HAMZA KIZHAKOOT
SHRI. MUHAMMED HUSSAIN K.A.
SMT.AAMINA HASHIM SULAIMAN
SMT.INDHU V.M.
SMT.BILJY JOHNY
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE
GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM P.O.,
THIRUVANANTHAPURAM DISTRICT, PIN - 695001
2
WP(C)No.44550 of 2025
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2 THE DISTRICT COLLECTOR
OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE
KOZHIKODE, WAYANAD RD, CIVIL STATION, ERANHIPPALAM,
KOZHIKODE DISTRICT, PIN - 673020
3 SPECIAL TAHSILDAR KOZHIKODE (LAND ACQUISTITION)
CIVIL STATION, CIVIL STATION P.O., KOZHIKODE DISTRICT,
PIN - 673020
4 THE KERALA STATE WAKF BOARD
REP. BY IT'S CEO, VIP ROAD, KALOOR, ERNAKULAM, PIN -
682017
5 URUMANDIYIL NAISAM, S/O.AROORA ABDULLA
AGED 37 YEARS,URUMANDIYIL HOUSE, VILLIAPPALLY AMSOM
DESOM, VATAKARA TALUK, KOZHIKODE DISTRICT, PIN -
673542
OTHER PRESENT:
SRI. T. K. VIPIN DAS, SR. GP;
SRI. JAMSHEED HAFIZ, SC, WAQF BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.12.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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WP(C)No.44550 of 2025
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JUDGMENT
Muralee Krishna, J.
The petitioners filed this writ petition under Article 226 of
the Constitution of India seeking a writ of mandamus to command
the 3rd respondent Special Tahsildar (Land Acquisition),
Kozhikode, to accept Ext.P7 petition submitted by the petitioners
to implead them in Ext.P1 award dated 30.09.2022, regarding the
acquisition of land measuring 0.0038 hectares situated in
Kalathilkunnu Desom in Kasaba Village of Kozhikode Taluk.
2. The grievance of the petitioners is that despite recording
the petitioners' half-right in the subject property, the 3rd
respondent refused to entertain or number the petitioners'
application for impleadment and to pass a supplementary award.
According to the petitioners, the property having an extent of
0.0038 hectares situated in R.S. No.6-10-248 of Kalathilkunnu
Desom of Kasaba Village was acquired for the Mananchira
Vellimaadukunnu Road Widening Project. However, Ext.P1 award
was passed by the Special Tahsildar (LA) without including the
petitioners as parties in the award. In fact, late Kurumandiyil
Kunhammed and his wife Subaida had dedicated their half-right in
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the said land to the 1st petitioner - Wakf. Due to some clerical
mistake, the 3rd respondent omitted to make the petitioners party
to the award, even though they appeared and contested in the
award proceedings. Based on the information given by the
petitioners, the 4th respondent sent a letter to the 3rd respondent
and was made a party in the award proceedings. But due to non-
production of all required documents in time, the award was
referred to the LAR authority - Additional District Court-IV,
Kozhikode, which is pending as LAR No.143 of 2023. Though the
petitioners submitted I.A.No.3 of 2025 before the said Court to
implead them in the LAR, the I.A. has been kept in abeyance,
suggesting that the petitioners to approach the 3rd respondent to
pass an additional award and send a fresh Form No.6. Hence, the
petitioners approached this Court with the present writ petition.
3. On 04.12.2025, when the writ petition came up for
admission, after arguing for some time, the learned counsel for
the petitioners sought an adjournment. The learned Senior
Government Pleader took notice for respondents 1 to 3, and the
learned Standing Counsel for the Kerala State Wakf Board.
Considering the nature of the relief sought for, issuance of notice
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to the 5th respondent is dispensed with.
4. Today, when this writ petition was taken up for
consideration, the learned counsel for the petitioners submitted
that the writ petition may be closed without prejudice to the right
of the petitioners to pursue Ext.P6 I.A. No.3 of 2025 filed by them
before the Additional District Court-IV, Kozhikode.
In view of the aforesaid submission made by the learned
counsel, this writ petition is closed without prejudice to the
aforesaid right of the petitioners.
Sd/-
ANIL K.NARENDRAN, JUDGE
Sd/-
sks MURALEE KRISHNA S., JUDGE
2025:KER:97664
APPENDIX OF WP(C) NO. 44550 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF AWARD NO.
LAC/8/2022/722/22/B/KASABA DATED 30.09.2022
PASSED BY THE 3RD RESPONDENT.
Exhibit P2 TRUE COPY OF THE WAQF DEED NO.67/1989 OF THE
KOZHIKODE SRO EXECUTED BY SUBAIDA AND HER
HUSBAND KUNHAMMED.
Exhibit P3 TRUE COPY OF SETTLEMENT DEED NO.626/2021 OF
KOZHIKODE SRO.
Exhibit P4 TRUE COPY OF SETTLEMENT DEED NO. 519/2024 OF
NADAPURAM SRO.
Exhibit P5 TRUE COPY OF O.S. NO.66/2024 FILED BY THE
PETITIONERS HEREIN BEFORE THE HON'BLE KERALA
STATE WAQF TRIBUNAL, KOZHIKODE.
Exhibit P6 TRUE COPY OF I.A. NO.3/2025 IN LAR 143/2023
BEFORE THE HON'BLE KOZHIKODE DISTRICT COURT-
IV(A) FILED BY THE PETITIONERS .
Exhibit P7 TRUE COPY OF THE PETITION FILED BEFORE THE
3RD RESPONDENT BUT WHICH WAS NOT ACCEPTED AND
WAS RETURNED BACK TO THE PETITIONERS.
