Kerala High Court
Sajal Ebrahim vs Kerala State Waqf Board on 9 June, 2025
Author: N. Nagaresh
Bench: N.Nagaresh
2025:KER:39459
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 9TH DAY OF JUNE 2025 / 19TH JYAISHTA, 1947
WP(C) NO. 16024 OF 2025
PETITIONER:
SAJAL EBRAHIM,
AGED 37 YEARS,
S/O EBRAHIM,
INTERIM MUTAWALLI CUM RETURNING OFFICER,
CHERTHALA MUSLIM JAMA-ATH,CHERTHALA P.O.,
ALAPPUZHA HAVING OFFICE AT 2ND FLOOR,
JAMA MASJID BUILDING, (HIS CENTRE),
KOMBARA, ERNAKULAM, PIN - 682018
BY ADV.SRI.K.SUDHINKUMAR
RESPONDENTS:
1 KERALA STATE WAQF BOARD,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
HEAD OFFICE, VIP ROAD, KALOOR,
ERNAKULAM, PIN - 682017
2 THE DISTRICT POLICE CHIEF,
OFFICE OF THE DISTRICT POLICE CHIEF,
ALAPPUZHA, KOLLAM, PIN - 691531
3 THE DEPUTY SUPERINTENDENT OF POLICE,
OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
ST. MARY'S SCHOOL ROAD, KODATHIKAVALA,
CHERTHALA P.O., ALAPPUZHA, PIN - 688524
4 THE STATION HOUSE OFFICER,
CHERTHALA POLICE STATION,
CHERTHALA P.O., ALAPPUZHA, PIN - 688524
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W.P.(C) No.16024/2025
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5 C.A. MAJEED,
S/O ABUBACKER, CHANIYIL HOUSE,
CMC-8, NEDUMBRAKKAD, CHERTHALA P.O.,
ALAPPUZHA, PIN - 688524
6 MUJEEB MAJEED,
S/O ABDUL MAJEED, PEEDIKACHIRAYIL,
CMC-3, CHERTHALA P.O.,
ALAPPUZHA, PIN - 688524
*ADDL.7 MOHAMMED SHERIEF P.M.,
S/O AHAMED, IIIICAL VELI HOUSE, VYALAR,
AILEPPEY DISTRICT, PIN-688536
*ADDL.8 ANSAL A.,
S/O ANSARI, VELIYIL HOUSE, CHERTHALA,
ALEPPEY DISTRICT, PIN-688524
*(RESPONDENTS 7 AND 8 ARE IMPLEADED AS ADDITIONAL
RESONDENTS 7 AND 8 AS PER ORDER DATED 02.05.2025
IN IA 4/25 IN WP(C) NO.16024/2025).
BY ADVS.
SMT.C.SHEEBA
SRI.T.H.ABDUL AZEEZ
SRI.E.S.ASHRAF
SRI.SHANKAR V.
SRI.JAMSHEED HAFIZ, SC
SRI.DHEERAJ A.S., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 04.06.2025, THE COURT ON 09.06.2025 DELIVERED THE
FOLLOWING:
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W.P.(C) No.16024/2025
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N. NAGARESH, J.
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W.P.(C) No.16024 of 2025
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Dated this the 9th day of June, 2025
JUDGMENT
~~~~~~~~~
The petitioner, who has been appointed as the
Interim Mutawalli-cum-Returning Officer of the Cherthala
Muslim Jama-ath in Cherthala Taluk, seeks to direct
respondents 2 to 4 to afford adequate police protection for the
life and property of the petitioner while functioning as the
Interim Mutawalli-cum- Returning Officer of the Jama-ath.
2. The 1st respondent-Waqf Board initially
appointed Advocate T.A. Rafeek as the Interim Mutawalli-cum-
Returning Officer of the Jama-ath. The 5th respondent-
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Secretary filed complaint against that appointment before the
Waqf Board. The Waqf Board, as per Ext.P1 order dated
10.02.2025, cancelled the order of appointment of Interim
Mutawalli.
3. The Board thereafter appointed the petitioner
as Interim Mutawalli for a period of six months. The petitioner
was directed to publish voters list and conduct election of new
office bearers to the Jama-ath Committee. When the petitioner
took charge as Mutawalli, respondents 5 and 6 and persons
under them caused obstruction to the smooth functioning of the
petitioner. The petitioner was shouted at and abused.
4. As the obstruction from respondents 5 and 6
continued, the petitioner filed Ext.P3 complaint dated
04.04.2025 to the 4th respondent. Ext.P4 complaint was filed
before the 3rd respondent. The petitioner also submitted Ext.P5
complaint to the District Police Chief. In spite of complaints, the
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petitioner is not in a position to manage the affairs of the Jama-
ath or to conduct elections. Hence, the petitioner is before this
Court.
5. The petitioner states that he has serious threat
to life. The petitioner is a deemed public servant in view of
Section 101 of the Waqf Act. The petitioner has to conduct
elections within the stipulated time. Unless the police extends
necessary protection, the petitioner will not be able to discharge
his duties, which is of statutory nature.
6. Respondents 5 and 6 resisted the writ petition.
Respondents 5 and 6 submitted that Section 63 of the Waqf Act
gives authority to the Waqf Board to appoint Interim Mutawalli.
To appoint an Interim Mutawalli, one or more of the grounds
mentioned in Section 63 should be satisfied. The ingredients
are not attracted in this case. The elected office bearers of the
Jama-ath are ignored. The appointment of the petitioner as
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Mutawalli has been challenged before the Waqf Tribunal filing
WOA No.25/2025. When an appeal is pending before the
statutory Tribunal, the appointment of the petitioner as Interim
Mutawalli was unwarranted.
7. An order of the Waqf Tribunal may nullify the
actions taken by the petitioner in his capacity as Interim
Mutawalli-cum-Returning Officer. There is no issue of law and
order in the Jama-ath. The writ petition is therefore liable to be
dismissed.
8. I have heard the learned counsel for the
petitioner, the learned Standing Counsel representing the 1st
respondent, the learned Government Pleader appearing for
respondents 2 to 4 and the respective counsel appearing for
respondents 5 to 8.
9. Ext.P1 is the order of the 1st respondent-Waqf
Board appointing the petitioner as Interim Mutawalli for a period
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of six months. In Ext.P1, the petitioner has been directed to act
as Returning Officer and conduct election of the office bearers
of the Jama-ath. The petitioner is therefore discharging the
duties assigned to him by a statutory Board. Exts.P3 to P5
would indicate that the functioning of the petitioner as Interim
Mutawalli-cum-Returning Officer is being obstructed by certain
members of the Jama-ath. The petitioner alleges threat to his
life and reputation.
10. Respondents 5 and 6 would contend that
WOA Nos.17/25 and 25/25 are pending consideration before
the Waqf Tribunal, challenging the appointment of Interim
Mutawallies. When the legal issue is pending consideration
before the competent statutory Tribunal, this Court shall not
grant any police protection which would scuttle due process of
law. Respondents 5 and 6 would further urge that the
ingredients contained in Section 63 of the Waqf Act are not
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satisfied to appoint an Interim Mutawalli.
11. Whether the provisions of Section 63 are
complied with in the order of appointment of the petitioner as
Interim Mutawalli is a matter now pending consideration before
the Waqf Tribunal. The fact remains that the period of the
earlier Jama-ath Committee has expired. The 1st respondent
statutory Board has therefore appointed the petitioner as
Interim Mutawalli-cum-Returning Officer in order to manage the
affairs of the Jama-ath with a direction to conduct election to
the Committee within six months. The democratic process
should go on. Members of the Jama-ath have no right to
obstruct an Interim Mutawalli or Returning Officer appointed by
the Waqf Board.
12. Respondents 2 to 4 are therefore directed to
afford adequate police protection for the life of the petitioner
and the property of the Jama-ath while the petitioner
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functioning as Interim Mutawalli-cum-Returning Officer of the
Cherthala Muslim Jama-ath. The protection shall continue to
be given till the petitioner discharges all his duties as Interim
Mutawalli-cum-Returning Officer and ceases to be Interim
Mutawalli.
The writ petition is disposed of as above.
Sd/-
N. NAGARESH, JUDGE
aks/04.06.2025
2025:KER:39459
APPENDIX OF WP(C) 16024/2025
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER NO. A9-
5937/2024/KTM DATED 10.02.2025 ISSUED BY
THE 1ST RESPONDENT
Exhibit P2 TRUE COPY OF THE COMMUNICATION ISSUED BY
THE PETITIONER DATED 21.02.2025
Exhibit P3 TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER BEFORE THE 4TH RESPONDENT
DATED 04.04.2025
Exhibit P4 TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT
DATED 04.04.2025
Exhibit P5 TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
DATED 04.04.2025
RESPONDENTS' EXHIBITS:
Exhibit R5(a) TRUE COPY OF THE WOA NO. 17/2025 FILED
BY THE 1ST APPLICANT BEFORE THE HON'BLE
WAKF TRIBUNAL
Exhibit R5(b) TRUE COPY OF THE WOA NO. 25/2025 FILED
BY THE 1ST APPLICANT BEFORE THE HON'BLE
WAKF TRIBUNAL.
