Kerala High Court
Ayatt Ammed Haji vs Kerala State Waqf Board on 17 March, 2025
Author: Amit Rawal
Bench: Amit Rawal
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CRP(WAKF) NO. 9 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
MONDAY, THE 17TH DAY OF MARCH 2025 / 26TH PHALGUNA, 1946
CRP(WAKF) NO. 9 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 23.11.2024 IN WOA
NO.80 OF 2022 OF WAKF TRIBUNAL, KOZHIKODE
REVISION PETITIONER(S)/APPLICANT:
AYATT AMMED HAJI
AGED 84 YEARS
S/O. CHEKEN @ MOIDEEN, KOCHERI HOUSE,
MUTAWALLI, ORKATTERI JUMA-ATH PALLI,
ORKATTERI AMSOM AND DESOM PO, ORKATTERI,
VADKARA TALUK, KOZHIKODE DISTRICT, PIN - 673501
BY ADVS.
T.P.SAJID
K.P.MOHAMED SHAFI
ABDUL KAREEM CHELERI
SHIFA LATHEEF
MUHAMMED HAROON A.N.
SREESHMA B. CHANDRAN
HASHARURAHIMAN U.
MOHEMED FAVAS
MUHAMMED BILAL K.
VIJITH N.P.
RESPONDENT(S)/RESPONDENTS:
1 KERALA STATE WAQF BOARD
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, ,
VIP ROAD, KALOOR, COCHIN, PIN - 682017
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CRP(WAKF) NO. 9 OF 2025
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2 ASHRAF
AGED 50 YEARS
S/O. ORATTU IBRAHIM, ORATTU HOUSE,
ORKATTERI AMSOM AND DESOM, PO ORKATTERI,
VADAKARA TALUK, KOZHIKODE DISTRICT, PIN - 673501
3 K.M. KUNHI MOOSA HAJI
AGED 74 YEARS
S/O. AMMAD HAJI, PRESIDENT, ORKATTERI MAHAL,
JAMA-ATH COMMITTEE, PO ORKKATTERI,
VADAKARA TALUK, KOZHIKODE DISTRICT -,
PIN - 673501
BY ADVS.
ANAND K
BENNY ANTONY PAREL(K/000053/1996)
GOWRI MENON(K/001001/2024)
NANDHANA T.B.(K/003013/2024)
ARCHANA N.(K/001406/2025)
SRI JAMSHEED HAFIZ SC WAQF
THIS CRP (WAKF ACT) HAVING COME UP FOR ADMISSION ON
17.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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ORDER
Amit Rawal, J.
1. Present revision petition has been preferred
by the petitioner, the erstwhile Mutawalli, against the order
dated 23.11.2023 of the Wakf Tribunal in WOA No. 80 of
2022, whereby the challenge laid to the action of the Wakf
Board in conferring the mutawalliship of the wakf to 2nd
respondent without considering the representation of the
petitioner, has been dismissed.
2. The relief sought therein was based on the fact
that as per the Wakf deed, the Mutawalliship was inherited by
the family members. In 2017, an application, alleged to have
been signed by the petitioner, was submitted to the Wakf
Board for changing the Mutawalliship in favour of the 2nd
respondent, which was enquired into and notified by the Wakf
Board as per the provisions of Section 42 of the Wakf Act.
After expiry of almost five(5) years, submitted a complaint to
the Wakf Board for reconsideration of the request submitted
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in 2017 which was based upon the application of fraud,
misrepresentation or coercion. It is contended that the
Tribunal ought to have taken into consideration all these
factors, as there is a categoric pleading that even in 2017
also, complaint of similar nature was submitted but did not
make any headway.
3. On the other hand, Sri.Jamsheed Hafiz,
learned counsel appearing on behalf of the Wakf Board
submitted that the order of the Tribunal is perfectly legal and
justified for the reason that no explanation has come forward
for a period of six(6) years, much less the alleged complaint
of 2017 has not seen the light of the day. Even though, the
inheritable Mutawalliship, as per the submission of the
learned counsel for the petitioner, is not permitted, the
remedy lies elsewhere, but not in the manner and mode, as,
the petitioner was estopped as per the provisions of Section
115 of the erstwhile Evidence Act for challenging the same
without explaining the delay of six(6) years.
4. On the other hand, Sri.K.Anand, learned
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counsel appearing on behalf of respondent No.2 submitted
that the petitioner had submitted the application on account
of his own volition and there was no coercion or any force
applied for submission of such application surrendering the
Mutawalliship in favor of the respondent No.2 and urged this
Court for dismissal of this revision petition with exemplary
cost.
5. We have heard the learned counsel for the
parties and appraised the paper book.
6. Section 42 of the Wakf Act reads as under:
42. Change in the management of auqaf to be notified.--
(1) In the case of any change in the management of a
registered waqf due to the death or retirement or removal
of the mutawalli, the incoming mutawalli, shall forthwith,
and any other person may notify the change to the Board.
(2) In the case of any other change in any of the
particulars mentioned in section 36, the mutawalli shall,
within three months from the occurrence of the change,
notify such change to the Board.
7. On perusal of the aforementioned provision, it is
evident that as and when such applications are moved, the
Wakf Board holds an enquiry and if it finds the application to
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be in order, passes an order by making an entry in the record
with regard to the change in the Mutawalliship. It cannot be
believed that for six(6) years the petitioner did not come to
know, despite the fact that the person in whose favour
muthawalliship was surrendered had been discharging the
duties of the Mutawally for the last seven(7) years. Though
the issue of inheritable Mutawalliship was not the main
ground taken in the application, but that can be course open
in an appropriate proceedings but not in the manner and
mode as sought to be urged before the Tribunal. Accordingly,
we are of the view that the findings of the Tribunal do not
suffer from any illegality and perversity.
No ground for interference is made out. C.R.P.(Wakf)
stands dismissed.
Sd/-
AMIT RAWAL, JUDGE
Sd/-
K. V. JAYAKUMAR , JUDGE
nak
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CRP(WAKF) NO. 9 OF 2025
APPENDIX OF CRP(WAKF) 9/2025
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE RECEIPT DATED
12/06/2003 ISSUED BY THE KERALA WAKF
BOARD , KOZHIKODE TO THE PETITIONER
WITH ENGLISH TRANSLATION
Annexure 2 TRUE OF THE DEMAND NOTICE DATED
13/01/2020 ISSUED BY THE WAKF BOARD TO
THE PETITIONER WITH ENGLISH TRANSLATION
Annexure 3 TRUE COPY OF THE LETTER DATED
02/06/2022 SUBMITTED BY THE PETITIONER
BEFORE THE WAKF BOARD WITH ENGLISH
TRANSLATION
Annexure 4 THE CERTIFIED COPY OF THE MINUTES OF
THE WAKF BOARD ERNAKULAM DATED
08/06/2022 ALONG WITH ORDER DATED
28/09/2022 WITH ENGLISH TRANSLATION
Annexure 5 TRUE COPY OF THE ORDER BEARING NO. A9-
611/2022/KKD DATED 28/9/2022 PASSED BY
THE CHIEF EXECUTIVE OFFICER, KERALA
STATE WAQF BOARD, ERNAKULAM ALONG WITH
ENGLISH TRANSLATION
ANNEXURE 4 The English Translation of the Minutes
( English of the WAKF Board Ernakulam dated
Translation ) 08/06/2022 along with order dated
28/09/2022
