Kerala High Court
Aboobacker vs The Kerala State Wakf Board on 29 May, 2025
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
THURSDAY, THE 29TH DAY OF MAY 2025 / 8TH JYAISHTA, 1947
WP(C) NO. 21658 OF 2019
PETITIONER/S:
ABOOBACKER
AGED 53 YEARS
S/O. MOHAMMEDUNNI, PERUMBUMKATTIL HOUSE, POST
PERUMBADAPPU, PONNANI TALUK, MALAPPURAM DISTRICT.
BY ADV C.M.MOHAMMED IQUABAL
RESPONDENT/S:
1 THE KERALA STATE WAKF BOARD
OFFICE OF THE KERALA STATE WAKF BOARD, VIP ROAD,
ERNAKULAM, KOCHI - 682 017, REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER.
2 THE CHIEF EXECUTIVE OFFICER
KERALA STATE WAKF BOARD, OFFICE OF THE KERALA
STATE WAKF BOARD, VIP ROAD, ERNAKULAM, KOCHI -
682 017.
3 PERUMBADAPPU PUTHAN PALLI JARAM AND MADRASSA,
POST PERUMBADAPPU, MALAPPURAM DISTRICT, PIN - 679
580, REPRESENTED BY ITS SECRETARY.
BY ADVS.
SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD
SRI.P.B.KRISHNAN
SRI.P.M.NEELAKANDAN
W.P.(C)No.21658 of 2019
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SRI.P.B.SUBRAMANYAN
SRI.SABU GEORGE
SMT.B.ANUSREE
SRI.MANU VYASAN PETER
OTHER PRESENT:
SRI JAMSHEED HAFIZ SC WAQF
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.05.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.21658 of 2019
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AMIT RAWAL & MURALEE KRISHNA S., JJ.
......................................................................
W.P.(C)No.21658 of 2019
...........................................................
Dated this the 29th day of May, 2025
JUDGMENT
Amit Rawal, J.
Present writ petition has been filed challenging
Ext.P3 order dated 17.07.2019 of the Chief Executive Officer,
Kerala State Waqf Board whereby, on the basis of a show cause
notice dated 25.08.2017, Ext.P1 alleging mismanagement and
maladministration, the petitioner has been held responsible for
causing a loss of Rs.89,89,346/- (Eighty Nine Lakhs Eighty Nine
Thousands Three Hundred Forty Six) and was directed to pay
the amount within a period of seven days.
2. Learned counsel appearing on behalf of the petitioner
submitted that, in response to the show cause notice mentioned
in the impugned order, the petitioner had filed a reply, Ext.P2
and stated that he was not the Secretary at the relevant point of
time but this point has not been taken into consideration and
therefore there is an abdication.
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3. Adv. Subramaniam, learned counsel appearing for the
3rd respondent did not deny the fact that the reply to the show
cause notice was filed but submitted that the order has been
passed on the basis of the materials on record.
4. Similar is the argument of Adv. Jamsheed Hafiz,
learned standing counsel for the Wakf Board.
5. We have heard the learned counsel for the parties and
appraised the paper book.
6. The impugned order reads as under;
''Perumbadappu Puthan Palli Jaram Madrassa and
Hospital Paripalana Committee, Malappuram District is
a Waqf registered with the Board its registration
number being 2754/RA. On the basis of the allegations
raised against the office bearers of the Waqf regarding
the mismanagement and mai administration in the
Waqf, the Board after conducting an enquiry appointed
an Executive Officer as per Sec. 38 of the Waqf Act for
the proper administration of the Waqf and therafter he
was also entrusted for conducting inspection in the said
waqf under section 33 of the Waqf Act, 1995.
Accordingly audit of the account of the waqf was
conducted and found several irregularities and
misappropriation in the accounts of the waqf and it was
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reported that there was a loss of Rs.89,89,346/- (eighty
nine lakhs eighty nine thousand, three hundred and
forty six) for the year 2012-2015. Thereafter, Show
Cause Notice was issued to the committee in
administration of the waqf and they had submitted their
versions also. Meanwhile, the report of the Executive
Officer has also received in the Office of the Board and
from the report it is clear that there is ma
administration, manipulations and financial
irregularities in the waqf.
Sri. Beeravunni Moulana, a general body member of the
above waqf approached the Hon'ble High Court of
Kerala by filing WP© 21838/18 in whic the Hon'ble
High Court vide order dated 10.07.2018 directed the
Board to tal appropriate action in the matter, based on
the audit, in accordance with la expeditiously.
Section 33 of the Waqf Act, 1995 provides powers of
inspection by Chief Executive Officer or persons
authorised by him. As per sec.33(3) of the Waqf Act,
1995 where, after, any such inspection it appears that
the concerned Mutawalli or any officer or other
employee who is or was working under him had
misappropriated, misapplied or fraudulently retained
any money or other waqf property, or had incurred
irregular, unauthorized or improper expenditure form
the funds of the waqf, the Chief Executive Officer, may,
after giving the Mutawalli or the person concerned a
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reasonable opportunity of showing cause why an order
for the recovery of the amount or property, should not
be passed against him and after considering such
explanation, if any, as such person may furnish,
determine the amount of the property, which has been
misappropriated ,misapplied or fraudulently retained,
or the amount of the irregular, unauthorised or
improper expenditure incurred by such person, and
make an order directing such person to make payment
of the amount so determined and to restore the said
property the waqf with such time as may be specified in
the said order.
After verifying the file and perusing the documents, the
Chief Executive Officer is convinced and satisfied that
misappropriation had occurred in the waqf fund and
there is manipulation and irregularities in the
administration of the above waqf. Therefore, M/s.1) Sri.
P. Beeran Haji 2). Sri. Aboobacker 3) Sri. P. K. Rahim 4).
Sri.A.C. Usman and 5) Sri. Majeed Varuthayil are jointly
and severally liable for the loss of an amount of
Rs.89,89,346/- (eighty nine lakhs eighty nine thousand,
three hundred and forty six only) incurred by the said
waqf.
In the above mentioned circumstances, you are
directed to pay an amount of Rs.89,89, 346/- (eighty
nine lakhs eighty nine thousand, three hundred and
forty six only) within a period of 7 days otherwise
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action under section 34 and 49 of the Waqf Act, 1995
shall be taken against you.''
7. On perusal of Ext.P3 order, it is evident that there is
no reference to the reply submitted by the petitioner in response
to the show cause notice. It is settled law that no person can be
condemned unheard much less on non-consideration of the reply.
8. Thus, we hereby set aside Ext.P3 order and direct the
Chief Executive Officer to pass a fresh order after considering
the reply or any additional material in case the petitioner deems
it appropriate, in accordance with law.
Writ petition stands disposed off.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
MURALEE KRISHNA S.
JUDGE
Dxy
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APPENDIX OF WP(C) 21658/2019
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE SHOW CAUSE NOTICE
ISSUED BY THE 2ND RESPONDENT DATED
25.08.2017.
EXHIBIT P2 THE TRUE COPY OF THE REPLY SUBMITTED BY
THE PETITIONER BEFORE THE 2ND RESPONDENT
DATED 14.09.2017.
EXHIBIT P3 THE TRUE COPY OF THE ORDER OF THE 2ND
RESPONDENT DATED 17.07.2019.
