Kerala High Court
Jalaludheen Faizy vs The Kerala State Waqf Board on 27 May, 2025
Author: Amit Rawal
Bench: Amit Rawal
2025:KER:38684
WP(C) NO. 19272 OF 2019 and conctd. Cases
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
TUESDAY, THE 27TH DAY OF MAY 2025 / 6TH JYAISHTA, 1947
WP(C) NO. 23209 OF 2019
AGAINST THE JUDGMENT IN OP NO.223 OF 2019 OF WAKF TRIBUNAL,
KOZHIKODE
PETITIONER:
DR.HANEEF
AGED 72 YEARS
S/O. SHAIK MOITHEEN RAWTHER, AYSHA BHAVAN, ARPOOKARA EAST
P.O, KOTTAYAM DISTRICT-686008.
BY ADV SHRI.G.SREEKUMAR (CHELUR)
RESPONDENTS:
1 THE KERALA STATE WAKF BOARD
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, DIVISIONAL
OFFICE, EROTH CENTER, BANK ROAD, KOZHIKODE-673001.
2 M/S. MEDICAL COLLEGE JUMA MASJID,
GANDHI NAGAR P.O, MEDICAL COLLEGE, KOTTAYAM, REP.BY ITS
SECRETARY, KOTTAYAM DISTRICT-686005.
3 MUHAMMED RASHIK,
AGED 42, S/O. P H MUHAMMED BASHEER, PADIPURAKAL HOUSE,
KUMMMANAM P.O, KOTTAYAM DISTRICT-686005.
BY ADVS.
SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD
SHRI.JAMSHEED HAFIZ, SC, WAQF BOARD
OTHER PRESENT:
SRI JAMSHEED HAFIZ SC WAQF
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
27.05.2025, ALONG WITH WP(C).19272/2019, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:38684
WP(C) NO. 19272 OF 2019 and conctd. Cases
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
TUESDAY, THE 27TH DAY OF MAY 2025 / 6TH JYAISHTA, 1947
WP(C) NO. 19272 OF 2019
PETITIONER/:
JALALUDHEEN FAIZY
AGED 43 YEARS
W/O.IBRAHIM MUSLIAR, KATHEEB/IMAM, GANDHI NAGAR MUSLIM
JAMA-ATH(ISS JUMA MASJID), GANDHI NAGAR.P.O., MEDICAL
COLLEGE, KOTTAYAM PIN-686008
BY ADVS.
SRI.R.O.MUHAMED SHEMEEM
SMT.NASEEHA BEEGUM P.S.
RESPONDENTS:
1 THE KERALA STATE WAQF BOARD
OPPOSITE INTERNATIONAL STADIUM KALOOR, ERNAKULAM, PIN-
682017 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER
2 MUHAMMED RASHIK
AGED 32 YEARS
S/O.P.H MUHAMMED BASHEER RESIDING AT PADIPURAKKAL
HOUSE(VAMANAPURAM), KUMMANAM(PO), CHENKALAM VILLAGE,
KOTTAYAM TALUK, KOTTAYAM DISTRIT PIN-686005
3 ABDUL MAJEED
AGED 59 YEARS
S/O.ABDUL RAZZAK, RESIDING AT THASLEEM MANZIL, GANDHI
NAGAR, (P.O) MEDICIAL COLLEGE, KOTTAYAM DISTRICT PIN-686008
4 M.M.HASHIM
AGED 45 YEARS
S/O.MUHAMED KUNJU RESIDING AT ESI QUARTERS NO.F15, GANDHI
NAGAR (P.O), MEDICAL COLLEGE, KOTTAYAM DISTRICT PIN-686008
5 ABDUL GAFOOR.P.H
AGED 48 YEARS
S/O.HANEEFA RAWTHER, RESIDING AT CHETTISSERI
HOUSE(VAMANAPURAM), GANDHI NAGAR(P.O), MEDICAL COLLEGE,
KOTTAYAM DISTRICT PIN-686008
2025:KER:38684
WP(C) NO. 19272 OF 2019 and conctd. Cases
3
6 NAZEER.P.M
AGED 52 YEARS
S/O.MUHAMED RESIDING AT ESI QUARTERS NO G 36 AMALGIRI(P.O),
MEDICAL COLLEGE, KOTTAYAM DISTRICT, PIN-686561
7 MUHAMMED RAFI
AGED 46 YEARS
S/O.P.H MUHAMMED BASHEER RESIDING AT VAMANAPURAM,
KUMARANELLOR(P.O), KOTTAYAM DISTRICT PIN-686016
8 MUHAMMED SALIM.P.H
AGED 48 YEARS
S/O.HANEEFA RAWTHER, RESIDING AT CHETTISSERI
HOUSE(VAMANAPURAM), GANDHI NAGAR(P.O), MEDICAL COLLEGE,
KOTTAYAM DISTRICT PIN-686008
9 SHIBU.K.M
AGED 50 YEARS
S/O.MUHAMMED BASHEER RESIDING AT VAMANAPURAM, KUMARANELLOR
(P.O), KOTTAYAM DISTRICT PIN-686016
10 MUHAMMED RAFEEK.K.M
AGED 44 YEARS
S/O.MUHAMMED BASHEER RESIDNG AT VAMANAPURAM HOUSE,
KUMARANELLOR(P.O) KOTTAYAM DISTRICT, PIN-686016.
11 ADDL.R11.DR.HANEEFA
AGED 72, S/O.SHAIK MOITHEEN RAWTHER RESIDING AT AYSHA
BHAVAN, ARPOOKARA EAST P.O., GANDHI NAGAR MEDICAL COLLEGE,
KOTTAYAM - 686 008. (SOUGHT TO BE IMPLEADED).
BY ADVS.
SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD
SHRI.T.H.ABDUL AZEEZ
SHRI.G.SREEKUMAR (CHELUR)
SRI.K.SHAMEER MOHAMMED
SHRI.JAMSHEED HAFIZ, SC, WAQF BOARD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
27.05.2025, ALONG WITH WP(C).23209/2019, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:38684
WP(C) NO. 19272 OF 2019 and conctd. Cases
4
JUDGMENT
[WP(C) Nos.23209/2019, 19272/2019]
Amit Rawal, J.
Learned counsel for the petitioners submitted that
the matter has become infructuous. Accordingly, these writ
petitions are dismissed as infructuous.
SD/-
AMIT RAWAL
JUDGE
SD/-
sab MURALEE KRISHNA S.
JUDGE
2025:KER:38684
WP(C) NO. 19272 OF 2019 and conctd. Cases
APPENDIX OF WP(C) 19272/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE OP NO.188/2018 BEFORE
THE 1ST RESPONDENT/BOARD
EXHIBIT P2 TRUE COPY OF THE INTERIM ORDER DATED
11.12.2018 IN IA NO.168/2018 IN OP
NO.188/2018 OF THE 1ST RESPONDENT/BOARD
EXHIBIT P3 TRUE COPY OF THE IMPUGNED ORDER DATED
25.06.2019 IN OP.NO.188/2018 BY THE 1ST
RESPONDENT BOARD
EXHIBIT P4 TRUE COPY OF THE REJECTED APPLICATION
DATED 09.07.2019 BY THE JUNIOR
SUPERINTEND OF 1ST RESPONDENT IN OP
RESPONDENT EXHIBITS
EXHIBIT R2 TRUE COPY OF THE COUNTER AFFIDAVIT IN
I.A. NO. 168/2018 IN O.P.188/18 FILED BY
THESE RESPONDENTS ON 18.2.2019.
EXHIBIT R2(A) TRUE COPY OF THE LIST OF DOCUMENTS.
EXHIBIT R2(B) TRUE COPY OF THE REPRESENTATIONS DATED
8.7.2019 TO THE LOCAL POLICE.
2025:KER:38684
WP(C) NO. 19272 OF 2019 and conctd. Cases
APPENDIX OF WP(C) 23209/2019
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE WRIT PETITION FILED
BY JALALUDHEEN FAIZY AS WP(C) NO.18272
OF 19 PRESENTED ON 10.7.19.
EXHIBIT P2 A TRUE COPY OF THE INTERIM ORDER PASSED
IN WP(C) NO.19272 OF 19 DATED 18.7.2019
IS BY THIS HON'BLE COURT.
EXHIBIT P3 A TRUE COPY OF THE ORDER PASSED IN IA
BEFORE THE WAKF TRIBUNAL, ERNAKULAM
DATED 6.12.18
EXHIBIT P4 A TRUE COPY OF THE INTERIM ORDER PASSED
IN IA NO.493 OF 18 IN WAKF OS NO.53 OF
18 ON THE FILE OF THE WAKF TRIBUNAL,
ERNAKULAM DATED 8.11.18.
EXHIBIT P5 A TRUE COPY OF THE OP NO.223 OF 19 DATED
6.8.19 ON THE FILE OF THE WAKF BOARD,
KOZHIKODE.
EXHIBIT P6 A TRUE COPY OF THE ORDER IN IA NO.132 OF
