Kerala High Court
Pangod Puthenpally Muslim Jama-Ath vs Kerala State Waqf Board on 9 October, 2025
Author: Anil K.Narendran
Bench: Anil K.Narendran
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WP(C)No.37138 of 2025
2025:KER:75152
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 9TH DAY OF OCTOBER 2025 / 17TH ASWINA, 1947
WP(C) NO. 37138 OF 2025
PETITIONERS:
1 PANGOD PUTHENPALLY MUSLIM JAMA-ATH
AGED 58 YEARS
REPRESENTED BY ITS SECRETARY, RAHIM S, S/O SHAHUL
HAMEED, AJINS VILLA, MANAKODE, PANGODE P O,
NEDUMANGAD, THIRUVANTHAPURAM, PIN - 695006
2 SHANAVAS M M
AGED 55 YEARS
PRESIDENT, PANGODE PUTHANPALLY MUSLIM JAMA-ATH, AJINS
VILLA, PANGODE P O, NEDUMANGAD, THIRUVANTHAPURAM, PIN
- 695006
BY ADVS.
SRI.C.R.SIVAKUMAR
SMT.BINI KRISHNA
SMT.ANJALI C.
RESPONDENTS:
1 KERALA STATE WAQF BOARD
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER (IN
CHARGE), VIP ROAD, KALOOR, KOCHI, PIN - 682017
2 THE CHIEF EXECUTIVE OFFICER
KERALA STATE WAQF BOARD, VIP ROAD, KALOOR, KOCH, PIN -
682017
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WP(C)No.37138 of 2025
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3 ADV NASIR HUSSAIN
RETURNING OFFICER, PANTHAPLAVIL HOUSE, P.B. NO. 710,
KILIMANOOR THIRUVANANTHAPURAM, PIN - 695601
OTHER PRESENT:
SRI. JAMSHEED HAFIZ, SC, WAQF BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.10.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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WP(C)No.37138 of 2025
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JUDGMENT
Muralee Krishna, J.
This writ petition is filed by the petitioners under Article 226 of
the Constitution of India, seeking the following reliefs:
"i. Issue a writ of certiorari or any other appropriate writ,
order or direction quashing the Ext.P4 order dated
12.08.2025 in EP No.8081/2024/TVM passed by the Kerala
State Wakf Board.
ii. Declare that the election held on 27.09.2024 to the
managing committee of Pangod Puthen Pally is valid and
binding.
iii. Issue a writ of mandamus restraining the respondents
from interfering with the lawful functioning of the elected
committee of the petitioners".
2. Going by the averments in the writ petition, the dispute
originated when certain individuals filed an application before the
Kerala State Wakf Board, leading to an order dated 03.10.2024
appointing an Advocate Commissioner to conduct elections for the
Jama-ath. The petitioners contend that this order was passed
without proper proceedings, as the Jama-ath had already
conducted its elections on 27.09.2024 in accordance with its bye-
laws, and the newly elected committee had duly assumed office.
An appeal challenging the Board's order was filed before the Wakf
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Tribunal, Kozhikode, where a stay petition is still pending
consideration. Despite the pendency of the matter before the
Tribunal, the Wakf Board, through its subsequent order dated
12.08.2025, set aside the validly held elections of 27.09.2024,
declared them void, and directed the conduct of fresh elections
within two months, appointing the same Advocate as Returning
Officer. The Board further restricted the functioning of the existing
committee to routine matters and initiated steps for audit and
possible supersession under the UMEED Act, 2025. The
petitioners, upon receiving a communication dated 03.10.2025
from the Returning Officer directing them to take steps for fresh
elections, immediately responded on 04.10.2025, expressing their
objection and reiterating their stand that the previous elections
were lawful and valid. In essence, the petitioners contend that the
actions of the Wakf Board are arbitrary, passed without
jurisdiction, and in violation of the principles of natural justice,
particularly when the matter was already sub judice before the
Wakf Tribunal. The impugned orders and communications,
according to the petitioners, not only undermine the autonomy of
the Jama-ath but also amount to interference in its lawful
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administration and democratic functioning.
3. Heard the learned counsel for the petitioners and the
learned Standing Counsel for the Kerala State Wakf Board.
Considering the nature of the reliefs sought, issuance of notice to
the 3rd respondent is dispensed with.
4. The learned counsel for the petitioners submitted that
Ext.P4 order under challenge in this writ petition is arbitrary, illegal
and unsustainable for several reasons. Hence, interference of this
Court, by exercising jurisdiction under Article 226 of the
Constitution of India, is highly necessary.
5. On the other hand, the learned Standing Counsel for
the Kerala State Wakf Board submitted that the order under
challenge in this writ petition is one that can be challenged before
the Wakf Tribunal.
6. We have perused the pleadings in the writ petition and
the impugned order of the Kerala State Wakf Board. The said order
is one that can be challenged before the Wakf Tribunal under
Section 83 of the Waqf Act, 1995. In such circumstances, we are
of the opinion that this is not a case which warrants the
interference of this Court by exercising jurisdiction under Article
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226 of the Constitution of India.
In the result, the writ petition is dismissed; however,
without prejudice to the right of the petitioners to challenge the
impugned order before the Wakf Tribunal, in accordance with law.
Sd/-
ANIL K.NARENDRAN, JUDGE
Sd/-
sks MURALEE KRISHNA S., JUDGE
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APPENDIX OF WP(C) 37138/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER IN O.P. NO. 2/2022
PASSED BY THE FIRST RESPONDENT DATED
03/10/2024
Exhibit P2 A TRUE COPY OF O.A. NO. 129/2024 ON THE FILE
OF THE HON'BLE WAQF TRIBUNAL, KOZHIKODE
UNDATED
Exhibit P3 A TRUE COPY OF THE STAY PETITION IN IA NO
963/2024 IN O.A. NO. 129/2024 ON THE FILE OF
THE HON'BLE WAQF TRIBUNAL, KOZHIKODE
Exhibit P4 A TRUE COPY OF THE ORDER PASSED BY THE KERALA
STATE WAQF BOARD DATED 12/08/2025
Exhibit P5 A TRUE COPY OF THE COMMUNICATION ISSUED BY
THE 3RD RESPONDENT DATED 03/10/2025
Exhibit P6 A TRUE COPY OF THE REPLY ISSUED BY THE
PETITIONERS UNDATED
