[Cites 3, Cited by 0]
Kerala High Court
P.A. Moideen vs The Kerala State Waqf Board on 18 December, 2025
Author: Anil K.Narendran
Bench: Anil K.Narendran
1
WP(C)No.47588 of 2025
2025:KER:98360
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
THURSDAY, THE 18TH DAY OF DECEMBER 2025 / 27TH AGRAHAYANA, 1947
WP(C) NO. 47588 OF 2025
PETITIONER:
P.A. MOIDEEN,AGED 55 YEARS, S/O.MAMMADKUTTY
PARAMMAL AMBADY, MAKKAKKAD HOUSE, PALLIKKAL AMSOM
DESOM, TIRURANGADI TALUK, MALAPPURAM DISTRICT, PIN -
676517
BY ADV SRI.R.RAMADAS
RESPONDENTS:
1 THE KERALA STATE WAQF BOARD
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, V.I.P.
ROAD, KALOOR, KOCHI, PIN - 682017
2 THE CHIEF EXECUTIVE OFFICER
KERALA STATE WAKF BOARD, VIP ROAD, KALOOR, KOCHI, PIN
- 682017
3 THE DIVISIONAL OFFICER
KERALA STATE WAKF BOARD, REGIONAL OFFICE, MALAPPURAM.
(CONVENER, ADHOC COMMITTEE, VELLARA METHODIKA PALLI
(ANJIRAKKAL JUMA MASJID) P.O. KARIPOOR, MALAPPURAM,
PIN - 676504
4 T.P. BICHALI HAJI
AGED 75 YEARS
THAZATHU PALLIYALI, KT HOUSE, PALLIKKAL AMSOM DESOM,
KONDOTTY TALUK, MALAPPURAM, PIN - 673638
5 P.A. MOHAMMED KABEER
AGED 57 YEARS
PARAMMAL AMBADI, PUTHUKUDI HOUSE, PALLIKKAL AMSOM
DESOM, KONDOTTY TALUK, MALAPPURAM, PIN - 673638
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WP(C)No.47588 of 2025
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6 P.K. MAMMAD SHAH HAJI
AGED 62 YEARS
KT HOUSE, PALLIKKAL AMSOM DESOM, KONDOTTY TALUK,
MALAPPURAM, PIN - 673638
7 P.A. KOYALI MUSALIYAR
AGED 62 YEARS, S/O.HYDROSE
PILAKKAL KANDY, NEDIYODATH HOUSE, PALLIKKAL AMSOM
DESOM, KONDOTTY TALUK, MALAPPURAM, PIN - 673638
8 P.A. ABDUL KAREEM
AGED 59 YEARS
PARAMMAL AMBADI, PUTHIYATHANKANDY HOUSE, PALLIKKAL
AMSOM DESOM, KONDOTTY TALUK, MALAPPURAM DISTRICT, PIN
- 673638
9 ALI ASKAR P.A.
NALAMKANDAM HOUSE, KUMMINIPARAMB P.O, KARIPPUR,
KONDOTTY, MALAPPURAM DISTRICT, PIN - 673638
OTHER PRESENT:
SRI. JAMSHEED HAFIZ, SC, WAQF BOARDBOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.12.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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JUDGMENT
Muralee Krishna, J.
The petitioner approached this Court with the instant writ
petition filed under Article 226 of the Constitution of India, seeking
the following reliefs:
"a) Call for the records of the case leading up to Ext.P5 and
to quash the same by the issuance of a writ of certiorari or
any other appropriate writ, order or direction.
b) issue a writ of mandamus or any other appropriate writ,
order or direction directing the respondents 1 to 3 to keep
in abeyance Ext.P5 order pending disposal of OP. No.31 of
2013 by the Wakf Board and O.S.No.42 of 2025 and
I.A.No.2 of 2025 by the Waqf Tribunal, Kozhikode".
2. According to the petitioner, he is a Mahal member of
Ramanchira Juma-ath Palli @ Anchirakkal Juma-ath Palli. He is the
5th petitioner in O.P. No.31 of 2013 pending before the Wakf
Board. O.P. No. 31 of 2013 has been filed by the petitioner and 5
others as mahal members of the aforesaid Juma-ath Palli, praying
for framing a scheme for the administration and management of
the wakf. The Mosque by name Ramanchira Juma-ath Palli @
Anchirakkal Juma-ath Palli @ Vellaramethodika Juma-ath Palli is
an ancient Mosque came into existence time immemorial. The
Karanavans of the Mahal were looking after and managing the
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affairs of the said Mosque until a society was formed by the name
Karipur Ramanchira Juma-ath Palli Committee, which has been
registered as a society under the provisions of Societies
Registration Act bearing Registration No.228/1990. Subsequently,
the above society was dissolved in the year 2004, and the
management of the Mosque and other wakf properties was
entrusted to the 6-member Adhoc committee, which is also known
as the governing body. The above-mentioned 6-member Adhoc
committee is in administration and management of the Mosque
and other Wakf properties. While so, it was felt by the members
of the Mahal that there should be a proper and effective scheme
for the administration and management of the Wakf. With that
intention, the petitioner and 5 other members of the Mahal filed
an application O.P. No. 31 of 2013 before the Kerala State Wakf
Board, praying for framing a scheme for the proper management
of the wakf. The petition O.P. No.31 of 2013 filed by the Mahal
members for framing a scheme for the administration and
management of the Mosque and other Wakf properties is still
pending for consideration before the Wakf Board. This Court in
O.P. (Wakf) No.29 of 2022 filed by the petitioner directed the Wakf
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Board to take up O.P. No.31 of 2013 and to dispose of the same
as expeditiously as possible, at any rate, within a period of 4
months, as per Ext.P1 order dated 16.09.2022. Despite the
direction of this Court in Ext.P1 judgment, the Wakf Board has not
so far disposed of O.P. No.31 of 2013. Since the Urinal shed
attached to the Mosque was in a dilapidated condition, some
mahal members filed a petition before the Divisional Officer for
constructing a new Urinal shed which will have sufficient space
and convenience considering the total number of devotees
attending the Juma prayers. The ad hoc committee, in its meeting
held on 06.02.2005, decided to construct a urinal shed as early as
possible. This can be seen from the Minutes of the ad hoc
committee dated 06.02.2025. Thereafter, the ground levelling
work and construction of the foundation of the urinal shed were
started and completed. The Mahal members had spent a huge
amount for the said purpose. However, the 3rd respondent was
taking steps to approve a new project for the construction of a
urinal shed in a totally different space, deviating from the decision
of the ad hoc committee. The 3rd respondent is not entitled to
change the decision of the ad hoc committee. The 3rd respondent,
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Divisional Officer, is only an Ex-Officio Convener of the Ad Hoc
committee and has no right or authority to take an independent
decision without ratification of the ad hoc committee. Hence, the
petitioner and two others have filed Ext.P2 suit O.S. No.42 of 2025
before the Wakf Tribunal, Kozhikode, on 23.07.2025, praying for
a permanent prohibitory injunction restraining the respondents 3
to 8 from making any construction in the Wakf property contrary
to the decision taken by the ad hoc committee. Along with the
suit, the petitioner has also filed Ext.P3 application I.A. No.2 of
2025 dated 23.07.2025, praying for an interim injunction
restraining the respondents 3 to 8 from doing any construction
activities contrary to the decision of the ad hoc committee. In the
above suit, the respondents 4 and 8 have already filed Ext.P4
written statement dated 02.12.2025. The above suit and I.A. are
still pending for consideration before the Wakf Tribunal, Kozhikode.
But now the 2nd respondent has issued Ext.P5 order dated
29.11.2025 by which the 3rd respondent has been authorised to
construct a urinal shed in the place where the original urinal shed
was situated. This is contrary to the decision of the ad hoc
committee taken in its meeting held on 06.02.2025. Already, the
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foundation for the urinal shed was completed, by spending huge
amounts in a place adjacent to the Mosque. Hence, the shifting of
the urinal to the original place at this stage will cause a huge loss
to the Wakf. Ext.P5 order has been passed by the respondents 1
to 3 without hearing the ad hoc committee members and without
affording them an opportunity for a personal hearing. The Wakf
Board is also not justified in passing Ext.P5 order in a hasty
manner when Ext.P2 suit and Ext.P3 application for interim
injunction are pending before the Wakf Tribunal, Kozhikode, with
respect to the very same issue. When the matter is being
considered by the Wakf Tribunal, the Wakf Board is not justified in
passing Ext.P5 order on the administrative side in a hasty manner,
without hearing any of the affected parties. There are other urinals
attached to the Mosque, and hence there is no need to pass Ext.P5
order in a hasty manner, deviating from the decision of the ad hoc
committee and also changing the place of the urinal unilaterally
by the respondents 1 to 3. The place where the foundation work
is already completed is the most suitable place found by the ad
hoc committee. The above aspects were not considered while
passing Ext.P5 order. Hence, the petitioner filed the writ petition.
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3. Heard the learned counsel for the petitioner and the
learned standing counsel for the Kerala State Wakf Board.
Considering the nature of the reliefs sought for, issuance of notice
to respondents 4 to 9 is dispensed with.
4. From the submissions made at the Bar, we notice that
the petitioner has already filed O.S.No.42 of 2025 before the Wakf
Tribunal Kozhikode. A copy of the plaint in that suit is produced as
Ext.P2 in this writ petition. The relief sought in this writ petition
is the one covered in O.S.No.42 of 2025. Similarly, we further
notice that Ext.P5 order dated 29.11.2025 impugned in this writ
petition is an order that can be challenged before the Wakf
Tribunal.
Having considered the pleadings and materials on record and
the submissions made at the Bar, we are of the considered opinion
that the remedy of the petitioner against Ext.P5 order is either in
the pending suit as O.S.No.42 of 2025 or by way of a separate
challenge, before the Tribunal by invoking the provisions under the
Waqf Act. In such circumstances, this writ petition is dismissed,
however, without expressing anything on the legal and factual
contentions raised by the parties, and without prejudice to the
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aforesaid right of the petitioner to challenge Ext.P5 order
appropriately.
Sd/-
ANIL K.NARENDRAN, JUDGE
Sd/-
sks MURALEE KRISHNA S., JUDGE
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APPENDIX OF WP(C) NO. 47588 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER DATED 16.09.2022 IN
O.P. (WAKF) NO.29 OF 2022
Exhibit P2 TRUE COPY OF PLAINT IN O.S. NO.42/2025 FILED
BEFORE WAQF TRIBUNAL, KOZHIKODE DATED
23.07.2025 BY PETITIONER AND TWO OTHERS
Exhibit P3 TRUE COPY OF I.A. NO.2/2025 IN O.S.
NO.42/2025 DATED 23.07.2025, WAQF TRIBUNAL,
KOZHIKODE
Exhibit P4 TRUE COPY OF THE WRITTEN STATEMENT DATED
02.12.2025 FILED BY RESPONDENTS 4 AND 8 IN
THE SUIT O.S. 42/2025, WAQF TRIBUNAL,
KOZHIKODE
Exhibit P5 TRUE COPY OF THE ORDER DATED 29.11.2025
PASSED BY THE 2ND RESPONDENT
