Kerala High Court
M.C. Muthukoya vs Lakshadweep State Wakf Board on 10 July, 2025
Author: Amit Rawal
Bench: Amit Rawal
2025:KER:51146
WP(C) NO. 23420 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN
THURSDAY, THE 10TH DAY OF JULY 2025 / 19TH ASHADHA, 1947
WP(C) NO. 23420 OF 2025
PETITIONER/S:
M.C. MUTHUKOYA,
AGED 73 YEARS
S/O. KOYAMMA MALMI, PENSIONER, RESIDING AT 'PALACE',
M.S. ROAD, KAVARATTI ISLAND, UNION TERRITORY OF
LAKSHADWEEP., PIN - 682555
BY ADVS.
SHRI.M.P.RAMNATH
SHRI.P.RAJESH (KOTTAKKAL)
SRI.K.J.SEBASTIAN
SEI.M.VARGHESE VARGHESE
SMT.UMA R.KAMATH
SMT.S.SANDHYA
SHRI.BEPIN PAUL
SRI.SHALU VARGHESE
SRI.ANTONY THARIAN
SMT.SHANTHI JOHN
RESPONDENT/S:
1 LAKSHADWEEP STATE WAKF BOARD,
REPRESENTED BY CHIEF EXECUTIVE OFFICER, KAVARATHI,
LAKSHADWEEP, PIN - 682555
2 THE CHIEF EXECUTIVE OFFICER,
LAKSHADWEEP STATE WAKF BOARD, KAVARATHI,
LAKSHADWEEP, PIN - 682555
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WP(C) NO. 23420 OF 2025
2
3 THE CHAIRMAN,
LAKSHADWEEP STATE WAKF BOARD, KAVARATHI,
LAKSHADWEEP, PIN - 682555
4 THE DEPUTY COLLECTOR,
EXECUTIVE MAGISTRATE (EARLIER SUB DIVISIONAL
OFFICER), KAVARATHI, LAKSHADWEEP, PIN - 682555
5 THE DEPUTY SURVEYOR,
SURVEY & SETTLEMENT DEPARTMENT, KAVARATHI,
LAKSHADWEEP, PIN - 682555
BY ADV SHRI.K.S.PRENJITH KUMAR, CGC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
10.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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3
JUDGMENT
Amit Rawal, J.
We had on 3.7.2025 passed a detailed order. The same
reads as under:
The grievance of the petitioner in the present writ
petition, in short, is enumerated in the reliefs portion,
which is read as under: "A) Issue a writ in the nature
of Mandamus or such other writs or orders directing
the respondents 1 to 3 to effect the change in the
extent of Wakf property shown of the Pazhayapalli at
Kavaratti from 900 sq mtr to 1,540 sq mtrs in survey
No.94/6 and to correct the mistaken survey number
shown as "95/3" to "94/6" in the Register of Wakfs
acting upon Ext P4 application and consequently to do
all the same within a period of 2 weeks or any other
reasonable time that this Hon'ble court may deem fit to
fix. B) Issue a writ in the nature of Mandamus or such
other writs or orders directing the respondents 485 to
effectuate necessary changes/ amendments in the
Land Register of Kavaratti and other revenue and
survey records, pertaining to survey No.94/6 showing
the Pazhayapalli Wakf land as 1,540 sq mtrs (15.40
Ares) therein in Survey No.94/6 and the remaining
extent of property from the original extent of 27.10
Ares in Survey No.94/6 as a separate Survey Number
or with separate Survey Sub Division Number to be
given appropriately, with extent thereof of 1,170 sq
mtrs (11.70 Ares), based on Exhibit P3 survey sketch,
acting upon Ext P5 application and all the same to be
done within a period of 2 weeks or any other
reasonable time that this Hon'ble court may deem fit to
fix."
2. The aforementioned reliefs are based upon the
pleadings that the petitioner is the interim Muthuvally
of the Pazhayapalli at Kavarathi situated in part of
Sy.No.94/6 of Kavarathi and also sharer under the
partition deed bearing No.28/2010 dated 9.3.2010
executed by Rukhiya Nagottiyam. The dispute with
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regard to the property aforementioned had arisen out
of the decision of the civil suits and came to be
adjudicated by this Court in CRP (Wakf) Nos. 21 of
2020 and 5 of 2021. This Court, vide detailed judgment
dated 22.10.2024, set aside the findings rendered by
the Tribunal by holding that the Tribunal exceeded
jurisdiction regarding the possession of the petitioners
in CRP (Wakf) No.21 of 2020, that is the petitioner
herein, to be as encroacher giving liberty to the
complainants to take action in accordance with law.
Pursuant to the aforementioned judgment, Exts.P4 and
P5 representations have been submitted on behalf of
the petitioner to the Chairman/Chief Executive Officer,
Lakshadweep State Waqf Board, requesting that the
Wakf property in Sy.No.94/6 be recorded in the Wakf
Register and a certificate of Wakf property be issued
to the Muthavalli, Pazhayapalli for further
management and reconstruction of the Mosque,
seeking a further direction to the Survey and
Settlement Department to survey the Wakf land in
accordance with the judgment and demarcate the
boundary. However, there is no adherence to the
aforementioned representations though it was the duty
of the concerned Lakshadweep Waqf Board to take a
call up on the judgment of this Court dated 22nd day of
October, 2024.
Issue notice before admission to the counsel
representing respondent nos. 1 to 3. Registry has
shown the name of Jamsheed Hafiz as learned
Standing Counsel for the Waqf Board in the cause list,
but he is only the Standing Counsel for the Kerala
State Wakf Board, where the Wakf Board involved in
the present case is Lakshadweep Wakf Board. Show
the name of Adv.R.V.Sreejith as learned Standing
Counsel for the Lakshadweep Wakf Board in the cause
list.
2. In Exts.P4 and P5 representations the candid stand
of the petitioner is that the Waqf property in Sy.No.94 /6 be
recorded in the Waqf register and certificate of waqf property be
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issued to the Muthawally of Pazhayapalli for further management
and reconstruction of the mosque and survey and settlement
department should be directed to survey the waqf land in
accordance with the judgment and demarcate the boundary of the
Pazhayapalli waqf land. It is contended that, that exercise had
already been done as evident from Ext.P3. But only a formality has
to be done by effecting the entry in the revenue records.
Without expressing any opinion on the merits of the
matter, we dispose of the writ petition with a directions to the
respondents to decide the matter, strictly in terms of the request
made in Exts.P4 and P5, which is in consonance with the judgment
dated 10.7.2025 of this Court (CRP (Waqf) No.21/2020 and 5/2021)
within a period of one month from the date of receipt of a copy of
this judgment.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
sab P. V. BALAKRISHNAN
JUDGE
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WP(C) NO. 23420 OF 2025
APPENDIX OF WP(C) 23420/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE PHOTOSTAT COPY OF THE COMMON
ORDER DT. 22.10.2024 OF THE HON'BLE HIGH
COURT OF KERALA IN CRP (WAKF) NO.21/2020
Exhibit P2 THE TRUE PHOTO COPY OF THE INTERIM ORDER
DT 26.08.2020 IN IA NO.1/2020 IN CRP
(WAKF) NO.21/2020 OF THE HON'BLE HIGH
COURT OF KERALA
Exhibit P3 THE TRUE PHOTO COPY OF THE SKETCH PREPARED
BY THE 5 TH RESPONDENT (DEPUTY SURVEYOR
KAVARATHI ISLAND) AND COUNTER SIGNED BY 4
TH RESPONDENT AND ISSUED FROM THE FILES OF
THE 1 ST RESPONDENT AS SIGNED BY THE 2 ND
RESPONDENT AND DEMARCATING THE 1540 SQ
MTRS OF PAZHAYAPALLI WAKF PROPERTY FROM
THE REMAINING PRIVATE PROPERTY IN
SY.NO.94/6 AND DEMARCATING THE ROAD AND
THEREAFTER THE PROPERTY OF THE NANGOTTIAM
FAMILY IN SURVEY NO.93/5 OF KAVARATHI
ISLAND
Exhibit P4 THE TRUE PHOTO COPY OF THE APPLICATION DT.
20.11.2024 SUBMITTED BY THE PETITIONER
BEFORE THE RESPONDENTS 2&3
Exhibit P5 THE TRUE PHOTOCOPY OF THE APPLICATION DT.
20.11.2024 SUBMITTED BY THE PETITIONER
BEFORE THE 4 TH RESPONDENT
Exhibit P6 THE TRUE PHOTO COPY OF THE EXTRACT OF LAND
REGISTER OF KAVARATHI PERTAINING TO SURVEY
Exhibit P7 THE TRUE PHOTO COPY OF THE RELEVANT PAGES
OF THE LAKSHADWEEP GAZETTE DT 09.06.2008
PERTAINING TO LIST OF WAKFS INCLUDING THAT
OF PAZHAYAPALLI (ENTRY NO.6 UNDER
KAVARATHI ISLAND THEREIN)
