Marakkarutty.T.E vs Kerala State Wakf Board
2025 Latest Caselaw 7168 Ker

Kerala High Court

Marakkarutty.T.E vs Kerala State Wakf Board on 25 June, 2025

Author: N.Nagaresh

Bench: N.Nagaresh

                                                        2025:KER:45467


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR.JUSTICE N.NAGARESH

     WEDNESDAY, THE 25TH DAY OF JUNE 2025 / 4TH ASHADHA, 1947

                       WP(C) NO. 14346 OF 2025

PETITIONER:

          MARAKKARUTTY.T.E
          AGED 74 YEARS
          SON OF MOIDEENKUTTY, SECRETARY,
          THARBIYATHUL ISLAM SANGHAM,
          REG NO.16/69, VEENALUKKAL, PARAPPUR,
          KOTTAKKAL, MALAPPURAM, PIN - 676503


          BY ADVS.
          SRI.AUGUSTINE JOSEPH
          SRI.GEORGE RENOY
          SHRI.ARJUN REMANAN
          SRI.ABRAHAM VAKKANAL (SR.)



RESPONDENTS:



    1     KERALA STATE WAKF BOARD
          REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
          OFFICE OF THE KERALA STATE WAKF BOARD,
          VIP ROAD, KALOOR, ERNAKULAM,
          PIN - 682017

    2     ABDURAHEEM
          AGED 58 YEARS
          SON OF KUNHU MUHAMMED HAJI,
          ALANGADAN VEEDU, PARAPPUR VILLAGE,
          P.O. PARAPPUR, TIRURANGADI TALUK,
          MALAPPURAM DISTRICT, PIN - 676503
                                             2025:KER:45467
W.P.(C) No.14346/2025
                            :2:


    3      K.T.MUHAMMED ALI
           AGED 62 YEARS
           SON OF MUHAMMED, KATTILTHODI VEEDU,
           VEENALUKKAL, P.O.PARAPPUR,
           TIRURANGADI TALUK, MALAPPURAM DISTRICT,
           PIN - 676503


          BY ADVS.
          SHRI.NIRMAL.S
          SMT.VEENA HARI
          SRI. JAMSHEED HAFIZ


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION   ON  23.06.2025, THE COURT ON  25.06.2025
DELIVERED THE FOLLOWING:
                                                                 2025:KER:45467
W.P.(C) No.14346/2025
                                       :3:




                            N. NAGARESH, J.

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                       W.P.(C) No.14346 of 2025

           `````````````````````````````````````````````````````````````
                 Dated this the 25th day of June, 2025


                             JUDGMENT

~~~~~~~~~

The petitioner, who is Secretary of

Tharbiyathul Islam Sangham which is a Society registered

under the Societies Registration Act, 1860, is before this

Court seeking to direct the 1st respondent not to interfere with

the administration of the petitioner-Society especially with

regard to conduct of election to its Managing Committee. The

petitioner also seeks to declare that Tharbiyathul Islam

Sangham is not Waqf property and hence the 1st respondent

has no jurisdiction to interfere in the election and

administration of the Society.

2025:KER:45467

2. The petitioner states that he is the Secretary

of Tharbiyathul Islam Sangham. The Society runs

educational institutions. Though there is a Madrasa named

Ishathul Uloom Madrasa registered with the 1st respondent-

Waqf Board, the Society has no connection with the Madrasa.

The Schools and properties of the Society are not registered

with the Waqf Board. The Madrasa is situated in Ward No.12

of Parappur Grama Panchayat whereas the School of the

Society is situated in Ward No.14.

3. One Sri. Mohammed Abdul Majeed M.P.

and two others filed WOS No.62/2022 in the Waqf Tribunal,

Kozhikode seeking to restrain the petitioner-Society from

conducting election to its Managing Committee. The

petitioner filed written statement. The Waqf Tribunal

dismissed the suit on 31.08.2024 as per Ext.P3 judgment.

4. Respondents 2 and 3 filed OP No.115/2024

before the Waqf Board and obtained Ext.P4 interim order

dated 30.05.2024 restraining the petitioner-Society from 2025:KER:45467

conducting elections. Since the Society is not registered

under the Waqf Act, the Waqf Board or Waqf Tribunal has no

power to interfere in the administration of the Society,

contends the petitioner. Ext.P4 order is therefore illegal and

arbitrary.

5. This Court has held in the judgment in

Panachika Palliyali Juma-Ath Paripalana Committee and

others v. Vattola Aboobacker and others [2025 1 KHC

509] that disputes pertaining to administration of a Society

does not fall within the purview of the Waqf Act. In Haji P.

Liakath Alikhan v. K. Unneenkutty Saquafi and others

[2005 KHC 1228], this Court has held that when there is no

express dedication of property, there will be no Waqf and a

Waqf Tribunal has no jurisdiction to try a Suit, urged the

petitioner.

6. The 3rd respondent filed counter affidavit.

The 3rd respondent stated that dismissal of WOS No.62/2022

has no bearing on the facts of the present case. The remedy 2025:KER:45467

of the petitioner if he is aggrieved by Ext.P4 is not to seek a

declaration that Tharbiyathul Islam Sangham is not a Waqf

property. The petitioner is indirectly challenging Ext.P4 order

without resorting to alternate remedy provided by the statute.

7. The 3rd respondent submitted that an

election was conducted to the Society on 10.12.2016 and the

petitioner's panel lost the election. New office bearers were

selected. The petitioner is in collusion with others, to take

over management of the educational institutions. The writ

petition is without any merit and it is liable to be dismissed.

8. I have heard the learned counsel for the

petitioner, the learned Standing Counsel representing the 1st

respondent and the learned counsel appearing for the 3rd

respondent.

9. The contention of the petitioner is that

Tharbiyathul Islam Sangham is not a Waqf and therefore the

proceedings in OP No.115/2024 before the Kerala State

Waqf Board are illegal. Respondents 2 and 3 approached 2025:KER:45467

the Kerala State Waqf Board filing OP No.115/2024 alleging

that the Sangham is a Waqf property. Finding prima facie

case, the Waqf Board has passed Ext.P4 order dated

30.05.2024 restraining the petitioner from conducting election

without prior permission of the Board.

10. Ext.R3(a) notification would indicate that the

Waqf Board, as early in the year 2016, had published election

notification to the Committee of the Sangham. The petitioner

contested as a candidate in the election to the Sangham

without any objection or protest. Ext.R3(b) report would show

that case was filed in the Waqf Tribunal and the Tribunal

passed orders to hold elections.

11. After nine years, the petitioner now contends

that Tharbiyathul Islam Sangham is not Waqf. The issue

relating to the election to the Sangham is pending

consideration before the Waqf Board. The Waqf Board has

passed Ext.P4 order restraining the respondent-Committee

therein from conducting election. The petitioner can very well 2025:KER:45467

appear before the Waqf Board and contest OP No.115/2024.

12. If the petitioner is aggrieved by Ext.P4 order,

the petitioner has alternate remedy of appeal under the Waqf

Act, 1995. When the petitioner has alternate remedy, he

cannot approach this Court under Article 226 of the

Constitution of India. The judgment of the Hon'ble Apex

Court in Radha Krishnan Industries v. State of Himachal

Pradesh and others [(2021) 6 SCC 771] relating to alternate

remedy will not apply to the facts of this case. There is prima

facie evidence in this case to show that the Sangham was

treated as dealing with Waqf property at least since 2016.

Having convinced of a prima facie case, the Waqf Board has

entertained the OP filed by respondents 2 and 3. I find no

illegality in the proceedings before the Waqf Board.

The writ petition is therefore without any

merit and it is hence dismissed.

Sd/-

N. NAGARESH, JUDGE aks/24.06.2025 2025:KER:45467

APPENDIX OF WP(C) 14346/2025

PETITIONER'S EXHIBITS

Exhibit.P1 TRUE COPY OF RULES AND REGULATIONS OF THE SOCIETY CERTIFIED BY THE DISTRICT REGISTRAR, MALAPPURAM DATED 22.9.2011. Exhibit.P2 TRUE COPY OF THE LETTER DATED 19.2.2025 FROM THE WAKF BOARD ALONG WITH THE APPLICATION UNDER THE RIGHT TO INFORMATION ACT.

Exhibit.P3 TRUE COPY OF THE JUDGMENT DATED 31.8.2024 IN WOS.NO.62/2022 OF THE WAKF TRIBUNAL.

Exhibit.P4 TRUE COPY OF THE ORDER DATED 30.5.2024 IN O.P.NO.115/2024 OF THE KERALA STATE WAKF BOARD.

RESPONDENT'S EXHIBITS

Exhibit R3 (a) True copy of the notification published by the Zonal waqf officer of the Kerala State Waqf Board dated 28- 10-2016 Exhibit R3 (b) True copy of the Report dated 03-01-

PETITIONER'S EXHIBITS

Exhibit.P5 True copy of the minutes dated 10.8.1968 of the Managing Committee of the society attested by a Notary Public Exhibit.P6 True copy of the relevant pages relating to the registration of the madrassa dated 28.8.1961 with registration No.2293/RA issued from the Wakf Board under the RTI Act along with a legible, typed copy.

Exhibit.P7 True copy of the relevant page of the inspection and visiting register of the petitioner society with the endorsement of the Regional Deputy Director, Kozhikode dated 7.1.2012 2025:KER:45467

attested by a Notary Public.

Exhibit.P8 True copy of the notice dated 24.2.2025 from the 1st respondent to the madrassa.

Exhibit.P9 True copy of the payment receipt dated 10.3.2025 of the madrassa Exhibit P10 TRUE COPY OF THE MINUTES OF THE GENERAL BODY HELD ON 27.5.2022 ALONG WITH THE LIST OF MEMBERS PARTICIPATED Exhibit P11 TRUE COPY OF THE MINUTES OF THE EXECUTIVE COMMITTEE HELD ON 29.5.2022 ALONG WITH THE LIST OF MEMBERS PARTICIPATED