Kerala High Court
Nelliparambu Juma Masjid Mahallu ... vs The Kerala State Waqf Board on 31 October, 2025
Author: Anil K.Narendran
Bench: Anil K.Narendran
1
OP(WAKF)No.18 of 2025
2025:KER:82777
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
FRIDAY, THE 31ST DAY OF OCTOBER 2025 / 9TH KARTHIKA, 1947
OP (WAKF) NO. 18 OF 2025
PETITIONER:
NELLIPARAMBU JUMA MASJID MAHALLU COMMITTEE,
P.O. OORAKAM, KIZHUMURI, MALAPPURAM, REPRESENTED BY
ITS PRESIDENT KUNJI MOOSA VALLIKKADAN, PIN - 676519
BY ADVS.
SHRI.P.K.IBRAHIM
SMT.K.P.AMBIKA
SMT.ZEENATH P.K.
SMT.JABEENA K.M.
SHRI.ANAZ BIN IBRAHIM
SHRI.PRADEEP KUMAR A.
SHRI.AJAZ A BACKER
RESPONDENTS:
1 THE KERALA STATE WAQF BOARD,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, VIP ROAD,
KALOOR, KOCHI, PIN - 682017
2 V.K. KUNJIMUHAMMED,
S/O V.K. KUNJIKKUTTI HAJI, VALLIKKADAN(H),
NELLIPPARAMBA, P.O. OORAKAM, KEEZHMURI, MALAPPURAM,,
PIN - 676519
BY ADV SHRI.JAMSHEED HAFIZ, SC, WAQF BOARD
THIS OP (WAKF) HAVING COME UP FOR ADMISSION ON 31.10.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2
OP(WAKF)No.18 of 2025
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JUDGMENT
Muralee Krishna, J.
The applicant in O.A.No.134 of 2025 before the Wakf Tribunal
Kozhikode, filed this original petition under Article 227 of the
Constitution of India, seeking the following relief:
"To issue an order or direction directing the Wakf Tribunal,
Kozhikode, to consider Ext.P12 interim application seeking
stay of Ext.P10 impugned order and pass orders
expeditiously and at any rate within such reasonable time
as may be fixed by this Hon'ble Tribunal".
2. Going by the averments in the original petition, the
petitioner is a Wakf registered with the 1st respondent Wakf Board
under registration No. 1384/RA, having 6.56 Acres of property.
Out of 6.56 Acres of property, an extent of 34 cents comprised in
Sy No. 71/3 was leased to run a footwear unit for ₹17,380/- per
month and another to operate an auditorium established in 1.25
Acre with a car park in the remaining 2 Acres for ₹75,000. This
lease granted by the earlier Committee was in violation of the
provisions of the Waqf Act and Rules. One Mr. Abdurahiman, a
beneficiary of the Wakf and a member of the Mahal, made a
complaint before the 1st respondent and got the matter enquired.
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Wakf inspector filed a report on 13.12.2016 stating that Wakf
property is given on lease without the sanction of the General Body
and without obtaining the permission of the Wakf Board. The 1 st
respondent, thereupon vide notification dated 11.05.2018, invited
tender giving an opportunity to the 2nd respondent to participate
in the tender. 2nd respondent submitted his tender offering
₹15,000/- as rent for auditorium with car parking. Against this
offer, 4 quotations ranging from ₹1,10,313/- to ₹2,11,050/- were
received. With a view to ensure the lease in favour of the 2 nd
respondent, the 1st respondent entered into a negotiation and
fixed the rent for ₹2,12,05/- in favour of the 2nd respondent by a
mere increase of ₹1000/- from what was offered by Youth Voice
Educational Society. The tender so finalised in favour of V.K.
Kunjumuhammed is for 10 years from October 2018. Under Clause
7(r) of Ext.P6 Lease Agreement, the Lessee has irrevocably
declared and undertaken that he shall at no time make "any
application for refixation of the rent payable herein" and that "the
undertaking and acceptance of the Lessee constitutes the
fundamental essence of this Agreement" and "If the Lessee makes
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any challenge to the same as aforesaid" "this Agreement shall
forthwith and without any further act on the part of the Lessor
stand terminated and shall come to an end at the cost, damage
and liability of the Lessee." Notwithstanding such an undertaking
and consequence of its violation, the 2nd respondent approached
the Wakf Board with an application requesting for waiving the rent
for the period from 2019-2020 to 2021-2022. The matter was
placed before the Board, and the Board issued notice to the
petitioner. The petitioner submitted objections. The 1 st
respondent, without considering Ext.P9 and P9(a), proceeded to
pass Ext.P10 order allowing all the reliefs sought by the 2 nd
respondent in Ext.P7. Ext.P10 order of the 1st respondent is
without jurisdiction and against the interest of the Wakf. Ext.P10
order is passed in violation of the terms of Ext.P6 lease deed.
Ext.P10 was passed without taking into account the objection filed
by the petitioner. The property leased out to generate income is
for running the Daras as per the wishes of the Waqif. The monthly
expenses for food alone come to ₹58,000/- to ₹60,000/-, and
₹17,500/- as the salary of the cook. The teacher's salary would
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come around ₹25,000/-. Minimum ₹1,10,000/- is required for
meeting the basic requirements to run the present Daras. With
Ext.P10 order, the 2nd respondent is not paying any rent for the
last 8 months. It has become difficult to run Daras if the amount
by donation could not meet the requirements. The petitioner,
being aggrieved by Ext.P10 filed O.A.No.134 of 2025 before the
Wakf Tribunal, Kozhikode, under 83(2) of the Waqf Act. Petitioner
also filed IA No.2 of 2025 seeking an interim order of stay of
Ext.P10. The 2nd respondent filed an objection dated 30.07.2025.
The 1st respondent neither filed any counter nor produced the
record before the Tribunal despite several adjournments, and for
that reason alone, the Wakf Tribunal is adjourning the matter
without passing any order in Ext.P11. The delay in considering
Ext.P11 is causing serious prejudice. Hence, the petitioner
approached this Court with this original petition.
3. Heard the learned counsel for the petitioner and the
learned Standing Counsel for the 1st respondent Kerala State Wakf
Board (the 'Wakf Board' in short). Considering the nature of the
reliefs sought, issuance of notice to the 2nd respondent is
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dispensed.
4. The grievance of the petitioner is that no orders have
been passed in Ext.P12 interlocutory application filed by the
petitioner in O.A.No.134 of 2025 before the Wakf Tribunal,
Kozhikode, seeking stay of Ext.P10 order dated 23.06.2025 of the
1st respondent Wakf Board, even after the lapse of three months
from the filing of the said application. The learned counsel for the
petitioner submitted that the 1st respondent is prolonging the filing
of the counter and production of the records before the Tribunal,
despite granting several adjournments.
5. Having considered the pleadings and materials on
record and the submissions made at the Bar, we are of the view
that the 1st respondent Board can be directed to file the counter,
if any, in Ext.P12 interlocutory application and produce the
documents within a week, so as to facilitate the Tribunal to dispose
of Ext.P12 interlocutory application expeditiously.
In the result, the original petition is disposed of, directing the
1st respondent Wakf Board to file the counter and produce
documents, if any, in Ext.P12 interlocutory application bearing
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I.A.No.2 of 2025 in O.A.No.134 of 2025 before the Wakf Tribunal,
Kozhikode, within a period of one week from the date of receipt of
a copy of this judgment and the Tribunal shall dispose of the said
interlocutory application, expeditiously taking note of the urgency
pointed out by the petitioner.
Sd/-
ANIL K.NARENDRAN, JUDGE
Sd/-
sks MURALEE KRISHNA S., JUDGE
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APPENDIX OF OP (WAKF) 18/2025
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE ENQUIRY REPORT NO.A4-1310/CR
& 1384/CR DATED 13.12.2016 OF THE WAQF
INSPECTOR
Exhibit-P2 TRUE COPY OF THE NOTICE NO:A14-1240/17 DATED
08.03.2017 ISSUED BY THE JUNIOR
SUPERINTENDENT OF THE 1ST RESPONDENT
Exhibit-P3 TRUE COPY OF THE NOTIFICATION NO.A 10-1240/17
DATED 11.05.2018 ISSUED BY THE 1ST RESPONDENT
BOARD ALONG WITH TENDER CONDITIONS
Exhibit-P4 TRUE COPY OF THE QUOTATION SUBMITTED BY THE
2ND RESPONDENT DATED 26.5.2018
Exhibit-P5 TRUE COPY OF THE ORDER NO.A 10-1240/17 DATED
01.11.2018 ISSUED BY THE 1ST RESPONDENT
Exhibit-P6 TRUE COPY OF THE LEASE AGREEMENT DATED
22.08.2019 BETWEEN THE PETITIONER AND
V.K.KUNJUMUHAMMED REPRESENTING THE LESSOR
AND LESSEE
Exhibit-P7 TRUE COPY OF THE APPLICATION SUBMITTED BY THE
2ND RESPONDENT ON 30.01.2023 BEFORE THE
CHAIRMAN OF THE 1ST RESPONDENT
Exhibit-P8 TRUE COPY OF THE NOTICE NO.A8-686/2023/MLP
DATED 04.05.2024 ISSUED BY THE 1ST RESPONDENT
BOARD RECEIVED BY THE PETITIONER
Exhibit-P9 TRUE COPY OF THE OBJECTION IN EXT.P7
PRESENTED ON 09.01.2024
Exhibit-P9(a) TRUE COPY OF THE ADDITIONAL OBJECTION DATED
13.02.2024 IN EXT.P7 FILED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT BOARD
Exhibit-P10 TRUE COPY OF THE ORDER NO.A8-686/2023/MLP
DATED 23.6.2025 OF THE 1ST RESPONDENT
Exhibit-P11 TRUE COPY OF THE O.A.NO.134/2025 DATED
22.07.2025 ON THE FILE OF THE WAQF TRIBUNAL
Exhibit-P12 TRUE COPY OF THE IA NO.2/2025 IN OA
NO.134/2025 ON THE FILE OF THE WAQF TRIBUNAL,
KOZHIKODE
Exhibit-P13 TRUE COPY OF THE OBJECTION IN EXT.P12
