Kerala High Court
Shajeela V.P vs Kerala State Waqf Board on 31 July, 2025
2025:KER:56529
W.P(C) No.27219 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
THURSDAY, THE 31ST DAY OF JULY 2025 / 9TH SRAVANA, 1947
WP(C) NO. 27219 OF 2025
PETITIONER:
SHAJEELA V.P.,
AGED 39 YEARS
W/O. ABDUL RAHIM, VAISYAM VEETTIL PULIKKAL HOUSE,
VENMENAD, PAVARATTY P.O., THRISSUR, PIN - 680507
BY ADVS.
SMT.SMT.RESMI A.
SHRI.AHMED ARHAM E.A.
RESPONDENTS:
1 KERALA STATE WAQF BOARD,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, VIP ROAD,
KALOOR, KOCHI, PIN - 682017
2 CHIEF EXECUTIVE OFFICER,
KERALA STATE WAKF BOARD, V.I.P ROAD, KALOOR, KOCHI, PIN
- 682017
3 PAVARATTY TOWN JUMA MAZJID,
PAVARATTY P.O., CHAVAKKAD, THRISSUR- REPRESENTED BY ITS
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SECRETARY ABDULLAKUTTY, PIN - 680507
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.07.2025, THE COURT ON 31.07.2025 DELIVERED THE
FOLLOWING:
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JUDGMENT
Sushrut Arvind Dharmadhikari, J.
Heard on the question of admission.
2. The petitioner has prayed for the following reliefs in the
writ petition:
(i) Set aside Exhibit P9 proceedings initiated by the 2nd
respondent dated 24.01.2025;
(ii) Issue a writ of mandamus or such other writ or order or
direction, commanding the 2nd respondent to direct 3rd
respondent to consider Exhibit P5 request given by the
petitioner and renew Exhibit P2 Rent Agreement dated
10.12.2018 between the petitioner and the 3rd
respondent;
(ii) Dispense with filing of the translation of vernacular
documents;
(iv) Issue such other writ, order or direction as this Hon'ble
Court may deem fit and proper in the facts and
circumstances of the case.
3. The brief facts of the case are that the petitioner had
taken a shop of the 3rd respondent on rent with effect from
01.04.2011 for 11 months. Rent agreement was executed and
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W.P(C) No.27219 of 2025
monthly rent @ Rs.3,250/- was fixed. Thereafter, the rent
agreement was renewed. After completion of the lease period,
the petitioner continuously requested the 3rd respondent to renew
the agreement, however, the same was not renewed. But, they
are receiving rent every month till date. The 3rd respondent had
approached the 1st respondent to evict the petitioner from the
shop. The 1st respondent directed the 3rd respondent to file an
application before the Waqf Tribunal, Kozhikode under Section
54(3) of the Waqf Act, 1995. The 3rd respondent had approached
the Waqf Tribunal for grant of eviction order against the petitioner.
Being aggrieved, the petitioner has no other remedy other than to
approach this Court invoking the jurisdiction of Article 226 of the
Constitution of India.
4. Per contra, learned counsel for the respondents, on
advance notice, submitted that the writ petition is not
maintainable since there is a statutory alternative remedy
available under Section 83(2) of the Waqf Act and therefore, the
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petitioner can file an appeal. The writ petition deserves to be
dismissed on this ground alone.
5. Heard both sides. It is not in dispute that disputed
questions of facts are involved in this case including that of
charging of rent, illegal possession etc. which cannot be gone into
under Article 226 of the Constitution of India. We are of the
considered opinion that the writ petition is not maintainable in the
light of alternative remedy.
Accordingly, the writ petition is dismissed. However, the
petitioner would be at liberty to avail statutory alternative remedy
under Section 83(2) of the Waqf Act, if so advised.
Sd/-
SUSHRUT ARVIND DHARMADHIKARI
JUDGE
Sd/-
SYAM KUMAR V.M
JUDGE
smp
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W.P(C) No.27219 of 2025
APPENDIX OF WP(C) 27219/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF RENT AGREEMENT BETWEEN THE
PETITIONER AND THE THEN PRESIDENT AND
SECRETARY OF 3RD RESPONDENT DATED 01.04.2011
IS PRODUCED HEREWITH ALONG WITH ENGLISH
TRANSLATION MARKED AS EXHIBIT P1
Exhibit P2 A TRUE COPY OF RENT AGREEMENT MADE BETWEEN
THE 3RD RESPONDENT AND THE PETITIONER DATED
10.12.2018 IS PRODUCED HEREWITH AND ALONG
WITH ENGLISH TRANSLATION
Exhibit P3 A TRUE COPY OF BANK STATEMENT DATED
01.12.2018 ISSUED BY CANARA BANK ,PAVARATTY
BRANCH IS PRODUCED HEREWITH ALONG WITH TYPED
COPY OF DOCUMENT
Exhibit P4 A TRUE COPY OF BANK RECEIPT DATED 10.05. 2022
Exhibit P5 A TRUE COPY OF REQUEST MADE BY THE PETITIONER
TO THE 3RD RESPONDENT TO RENEW THE RENT
AGREEMENT DATED 01.04.2011 WITH ENGLISH
TRANSLATION
Exhibit P6 A TRUE COPY OF SCREENSHOT OF TRANSACTION
RECEIPT DATED 01.01.2016 WITH ENGLISH
TRANSLATION
Exhibit P7 A TRUE COPY OF SCREENSHOT OF TRANSACTION
RECEIPT DATED 10.02.2022
Exhibit P8 A TRUE COPY OF SCREENSHOT OF TRANSACTION
RECEIPT DATED 10.10.2022
Exhibit P9 TRUE COPY OF PROCEEDINGS OF THE 2ND
RESPONDENT DATED 24.01.2025
Exhibit P10 A TRUE COPY OF APPLICATION NO.115 OF 2025
FILED BY THE 1ST RESPONDENT WAQF TRIBUNAL,
KOZHIKODE UNDER SECTION 54(3) OF THE WAQF
ACT, 1995 DATED 02.05.2025
