Kerala High Court

P.K. Aboobacker vs Pallikkara Muslim Jama Ath on 30 October, 2025

Author: Anil K.Narendran

Bench: Anil K.Narendran

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W.P(C)No.40375 of 2025                              2025:KER:82300


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

                                    &

             THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.

   THURSDAY, THE 30TH DAY OF OCTOBER 2025 / 8TH KARTHIKA, 1947

                         WP(C) NO. 40375 OF 2025


PETITIONER:

             P.K. ABOOBACKER,AGED 51 YEARS,S/O KOCHUNNI, RESIDING
             AT POOVATHUM VEEDU, PERINGALA AMSOM DESOM, PERINGALA
             PO, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT, PIN -
             683565

             BY ADV SRI.R.RAMADAS

RESPONDENTS:

     1       PALLIKKARA MUSLIM JAMA ATH,PALLIKKARA, KUMARAPURAM PO,
             ERNAKULAM, REPRESENTED BY THE INTERIM MUTHAWALLI A.B.
             ALIYAR, PIN - 683565

     2       A.B. ALIYAR,INTERIM MUTHAWALLI, PALLIKKARA MUSLIM
             JAMA-ATH, PALLIKKARA, KUMARAPURAM, ERNAKULAM, PIN -
             683565

     3       SALEEM HASSAN,S/O HASSAN, AGED 64 YEARS, KARUMAKATTU
             HOUSE, KUMARAPURAM PO, KUNNATHUNADU TALUK, ERNAKULAM,
             PIN - 683565

     4       KERALA STATE WAQF BOARD,REPRESENTED BY ITS CHIEF
             EXECUTIVE OFFICER, VIP ROAD, KALOOR, KOCHI, PIN -
             682017

             SRI. JAMSHEED HAFIZ, SC, WAQF BOARD


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.10.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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W.P(C)No.40375 of 2025                              2025:KER:82300



                            JUDGMENT

Muralee Krishna, J.

The petitioner approached this Court with the instant writ

petition filed under Article 226 of the Constitution of India, seeking

a writ of mandamus commanding the 4th respondent Kerala State

Wakf Board ('the Wakf Board' in short) to consider and pass

appropriate orders on Ext.P5 original petition dated 02.04.2025

filed by the petitioner, as expeditiously as possible, within a time

limit to be fixed by this Court.

2. Going by the averments in the writ petition, the petitioner

is the petitioner and the respondents 1 to 3 herein are the

respondents in O.P. No.112 of 2025 on the file of the Wakf Board.

Pallikkara Muslim Jama-ath is a Wakf registered with the Wakf

Board, and its Registration Number is 3200/RA. The administration

and management of the above Wakf has been done in accordance

with the decree passed by the District Court, Paravoor in O.S.

No.55 of 1124 on 27.07.1949. O.S. No.55 of 1124 was a suit for

declaration and injunction filed by two persons claiming to be the

persons administering the Wakf. After the filing of the above suit,

the members of the Mahal filed an application before the District

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Court, Paravoor, stating that the administration and management

of the Wakf is properly being done by the families of the

defendants therein, and the Mahal members have no grievance

with respect to the administration. Thereafter, the suit

O.S.No.55/1124 was settled between the parties, and a

compromise petition was filed in the suit. The District Court,

Paravoor, passed a compromise decree in O.S. No.55 of 1124. As

per the compromise decree passed by the District Court, Paravoor,

the administration and management of the Pallikkara Muslim

Jama-ath is vested in two kaikarans, one elected from the 5

families defendants 1 to 5 in the said suit viz., Karumakkat,

Perumamattom, Karukunnath, Poovathul Veetil and Moodeyil and

the other kaikaran to be elected from the Mahal members. The

term of these two kaikarans shall be one year, and after the

completion of the term, new kaikarans have to be elected following

the same system. Following the above compromise decree, the

administration has been going on for the last more than 70 years

without any confusion or difficulty. This system of administration

has already been approved by the Wakf Board, and the income

W.P(C)No.40375 of 2025 2025:KER:82300

and expenditure submitted by the above-mentioned kaikarans

were audited by the Wakf Board. While so, there were some

disputes between the office bearers of Pallikkara Jama-ath and a

case W.O.S. No.12 of 2022 was filed by Pallikkara Jama-ath and

two others before the Wakf Tribunal, Kozhikode. The prayer in

W.O.S.No.12 of 2022 was for a permanent prohibitory injunction

against the defendants therein.

2.1. The Wakf Tribunal, Kozhikode, as per order dated

11.03.2022 passed an interim order in I.A. No.105 of 2022 and

I.A. No.74 of 2022 in W.O.S. No.12 of 2022, directing the Wakf

Board to appoint a competent person to supervise the smooth

functioning of the Jama-ath. The Wakf Tribunal modified the earlier

order passed in I.A. No.74 of 2022 and vacated the order of

injunction against the respondent No.14 therein. On the basis of

the order of the Wakf Tribunal, dated 29.03.2023 in W.O.S. No.12

of 2022 and the Board decision dated 02.05.2023, the Wakf Board,

as per order dated 09.05.2023, appointed the 2nd respondent

herein as interim Muthawalli of the Wakf. The defendants therein

have filed Ext.P2 written statement dated 04.07.2022 in W.O.S.

W.P(C)No.40375 of 2025 2025:KER:82300

No.12 of 2022. Ext.P3 is the order dated 09.05.2023 of the Wakf

Board appointing the 2nd respondent herein as interim Muthawalli

of the Wakf. The Wakf Tribunal, by Ext.P4 order dated 29.04.2025,

directed to transfer the case for want of jurisdiction to the Wakf

Board, since the dispute is regarding Muthawalliship. Accordingly,

the records have been transmitted to the Wakf Board, and now

the Wakf Board has renumbered the above case as O.P. No.206 of

2025, and the same is now pending before the Wakf Board. But

the 2nd respondent is openly siding with one faction, and he is

acting against the interest of the Wakf and the Mahal members.

Since the 2nd respondent is not properly managing the affairs of

the Wakf and not maintaining proper accounts of the Wakf, the

petitioner and the other mahal members are put to much difficulty

and hardship.

2.2. The petitioner has filed Ext.P5 O.P. No.112 of 2025

dated 02.04.2025 before the Wakf Board, praying that the 2 nd

respondent may be removed from the post of interim Muthawalli

and an officer of the Wakf Board may be appointed as interim

Muthawalli for the day-to-day affairs and management of the

W.P(C)No.40375 of 2025 2025:KER:82300

Wakf. The respondents 1 and 2 herein have filed their objection

Ext.P6 dated 02.05.2025 in O.P. No.112 of 2025. The 3rd

respondent herein has filed an application dated 20.04.2025 for

impleadment in O.P. No.112 of 2025, and the same was allowed

by the Wakf Board. Thereafter, the 3rd respondent herein filed

Ext.P7 statement dated 03.05.2025 in O.P. No.112 of 2025. The

Mahal members have submitted Ext.P8 Mass representation dated

18.08.2025 against the 2nd respondent herein before the Wakf

Board. In Ext.P8, the Mahal members have requested the Wakf

Board to remove the present interim Muthawalli, the 2nd

respondent herein and to appoint another impartial person as

interim Muthawalli of the Wakf, for the proper management of the

Wakf. Since there are serious allegations against the 2nd

respondent and the administration and management of the Wakf

is not being properly managed, the petitioner and the entire mahal

members are put to much difficulties and hardships. There are

1200 families in the Pallikkara Muslim Jama-ath Wakf. All of them

are seriously affected by the action of the 2nd respondent, who is

openly siding with one faction and is mismanaging the affairs of

the Wakf and misappropriating the funds of the Wakf. Hence, in

the interest of justice, it is only just and proper to remove the 2nd

respondent from the post of interim Muthawalli and to appoint

another impartial person as interim Muthawalli of the Wakf. The

petitioner has filed O.P. No.112 of 2025 seeking a direction to the

Wakf Board to appoint an officer of the Wakf Board as interim

Muthawalli of the Wakf. Hence, an early decision on Ext.P5 petition

is absolutely necessary, considering the interest of the Wakf and

also for the proper management of the Wakf. Hence, the petitioner

filed the present writ petition.

3. Heard the learned counsel for the petitioner and the

learned Standing Counsel for the Wakf Board. Considering the

nature of the reliefs sought in the writ petition, issuance of notice

to respondents 1 to 3 is dispensed.

4. The grievance of the petitioner is that the 4th

respondent Wakf Board is not disposing of Ext.P5 original petition

bearing No.112 of 2025 dated 02.04.2025 filed by the petitioner

to remove the 2nd respondent from the post of interim mutawalli

and to appoint an officer of the Wakf Board as interim mutawalli

for the day-to-day affairs and management of the Wakf.

5. From the materials on record and the submissions

made at the Bar, we notice that the respondents 1 and 2 have filed

Ext.P6 objection dated 02.05.2025, and the 3rd respondent has

filed Ext.P7 statement dated 03.05.2025 before the Wakf Board.

Having considered the pleadings and materials on record and

the submissions made at the Bar, we deem it appropriate to

dispose of this writ petition, directing the 4 th respondent Wakf

Board to dispose of Ext.P5 original petition filed by the petitioner,

as expeditiously as possible, at any rate, within a period of two

months from the date of receipt of a copy of this judgment or

within two months from the date of completion of service of notice

to the respondents, if any of the respondents are remaining to be

served in the original petition, whichever is later.

Sd/-

ANIL K.NARENDRAN, JUDGE Sd/-

sks                              MURALEE KRISHNA S., JUDGE

W.P(C)No.40375 of 2025                                  2025:KER:82300



                         APPENDIX OF WP(C) 40375/2025

PETITIONER EXHIBITS

Exhibit P1                 TRUE COPY OF THE PLAINT DATED 30.01.2022 IN
                           O.S. NO.12/2022 ON THE FILE OF THE WAQF
                           TRIBUNAL, KOZHIKODE
Exhibit P2                 TRUE COPY OF THE WRITTEN STATEMENT DATED
                           04.07.2022 IN O.S. NO.12/2022,
Exhibit P3                 TRUE COPY OF THE ORDER DATED 09.05.2023 OF
                           THE KERALA STATE WAQF BOARD APPOINTING THE

2ND RESPONDENT HEREIN AS INTERIM MUTHAWALLI OF THE WAQF Exhibit P4 TRUE COPY OF THE ORDER DATED 29.04.2025 PASSED BY THE WAQF TRIBUNAL, KOZHIKODE Exhibit P5 TRUE COPY OF THE O.P. NO.112/2025 DATED 02.04.2025 BEFORE THE KERALA STATE WAQF BOARD FILED BY THE PETITIONER Exhibit P6 TRUE COPY OF THE OBJECTION DATED 02.05.2025

AND 2 Exhibit P7 TRUE COPY OF THE STATEMENT DATED 03.05.2025 IN O.P. NO.112/2025, FILED BY THE 3RD RESPONDENT Exhibit P8 TRUE COPY OF THE MASS REPRESENTATION DATED 18.08.2025 FILED BY THE MAHAL MEMBERS HEREIN AGAINST THE 2ND RESPONDENT HEREIN BEFORE THE WAQF BOARD,