Kerala High Court
Muhammed Ashraf vs Kottakal Muslim Jama-Ath on 25 September, 2025
Author: Anil K. Narendran
Bench: Anil K.Narendran
2025:KER:71859
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 25TH DAY OF SEPTEMBER 2025 / 3RD ASWINA, 1947
OP (WAKF) NO. 15 OF 2025
AGAINST THE ORDER DATED 17.09.2025 IN O.S NO.52 OF 2025 OF WAKF
TRIBUNAL, KOZHIKODE
PETITIONER/2ND RESPONDENT:
MUHAMMED ASHRAF
AGED 62 YEARS
S/O KUNHAMMED, AYISHA MANZIL, IRINGAL AMSOM,
KOTTTAKAL DESOM, IRINGAL P.O, KOTTAKKAL, VADAKARA TALUK,
KOZHIKODE DISTRICT, PIN - 673521
BY ADVS.
SRI.P.A.ABDUL JABBAR
SRI.MUHAMMED SHAFFI
RESPONDENTS/PETITIONERS 1 TO 3 & RESPONDENTS 1, 3 TO 10 :
1 KOTTAKAL MUSLIM JAMA-ATH
REP BY ITS PRESIDENT, CP SADAKATHULLA AHAMMED, S/O AHAMMED,
AGED 66 YEARS, LOVESHORE HOUSE,
IRINGAL AMSOM, KOTTTAKAL DESOM, VADAKARA TALUK, KOZHIKODE
DISTRICT, PIN - 673521
2 CP SADAKATHULLA AHAMMED
S/O AHAMMED, AGED 66 YEARS, LOVESHORE HOUSE,
PRESIDENT, KOTTAKAL MUSLIM JAMA-ATH IRINGAL AMSOM,
KOTTTAKAL DESOM, VADAKARA TALUK, KOZHIKODE DISTRICT, PIN -
673521
3 ADV MUHAMMED AJMAL SHARAF
S/O ASHRAF, AGED 29 YEARS,
APPANTAVIDA, AP HOUSE, GENERAL SECRETARY,
KOTTAKAL MUSLIM JAMA-ATH IRINGAL AMSOM,
KOTTTAKAL DESOM, VADAKARA TALUK,
KOZHIKODE DISTRICT, PIN - 673521
4 ABDUL KAREEM U.T.
S/O MOIDU, AGED 68 YEARS, U T HOUSE,
IRINGAL AMSOM, KOTTTAKAL DESOM IRINGAL P.O,
KOTTAKKAL BEACH ROAD, PIN - 673521
OP(WAKF)No.15 of 2025 2
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5 ABDU RAHIMAN
AGED 64 YEARS, S/O UPPIRI, JASMIS, IRINGAL AMSOM, KOTTTAKAL
DESOM, IRINGAL P.O, KOTTAKKAL, VADAKARA TALUK, KOZHIKODE
DISTRICT, PIN - 673521
6 SHAHBAS
AGED 39 YEARS, S/O KAREEM, MUNDIYATH,
IRINGAL AMSOM, KOTTTAKAL DESOM , IRINGAL P.O, KOTTAKKAL,
VADAKARA TALUK,
KOZHIKODE DISTRICT, PIN - 673521
7 FASAL D.A.
AGED 54 YEARS, S/O MOIDU, DARUL AMAN,
IRINGAL AMSOM, KOTTTAKAL DESOM P.O. KOTTAKKAL, KOTTAKKAL,
VADAKARA TALUK,
KOZHIKODE DISTRICT, PIN - 673521
8 M.A MOOSA
AGED 68 YEARS, 5/O KOYOTTY, EPPARAMBARATH, IRINGAL AMSOM,
KOTTTAKAL DESOM, IRINGAL P.O,
KOTTAKKAL, VADAKARA TALUK,
KOZHIKODE DISTRICT,, PIN - 673521
9 MUNEER T.V.
AGED 40 YEARS, S/O ABOOBACKER, THAYIVALAPIL HOUSE, IRINGAL
AMSOM, KOTTTAKAL DESOM, P.O.
KOTTAKKAL, KOTTAKKAL, VADAKARA TALUK,
KOZHIKODE DISTRICT,, PIN - 673521
10 ABDU RAHIMAN C.T.
AGED 59 YEARS, S/O SOOPI, CHETHILTHARAMAL, P.O. IRINGAL,
IRINGAL AMSOM, KOTTTAKAL DESOM KOTTAKKAL, VADAKARA TALUK,
KOZHIKODE DISTRICT,, PIN - 673521
11 MAJEED
AGED 55 YEARS, S/O IBRAHIM, IRINGAL AMSOM,
KOTTTAKAL DESOM P.O. KOTTAKKAL,
KOTTAKKAL, VADAKARA TALUK,
KOZHIKODE DISTRICT, PIN - 673521
12 KERALA STATE WAQF BOARD
REP BY ITS CHIEF EXECUTIVE OFFICER,
V.I.P ROAD, KALOOR, COCHIN, PIN - 682017
BY ADV
SRI. JAMSHEED HAFIZ, SC, WAQF BOARD
THIS OP (WAKF) HAVING COME UP FOR ADMISSION ON 25.09.2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(WAKF)No.15 of 2025 3
2025:KER:71859
JUDGMENT
Anil K. Narendran, J.
The petitioner, who is the 2nd respondent in I.A.No.2 of 2025
in O.S.No.52 of 2025 on the file of the Waqf Tribunal, Kozhikode,
has filed this original petition, invoking the supervisory jurisdiction
of this Court under Article 227 of the Constitution of India, seeking
an order to quash Ext.P8 interim injunction granted by the Waqf
Tribunal in that interlocutory application; and seeking an order
directing the Tribunal to pass fresh orders in that interlocutory
application, after affording an opportunity of being heard to the
respondents therein.
2. By Section 39 of the Waqf (Amendment) Act, 2025,
which came into force with effect from 08.04.2025, sub-section
(9) of Section 83 of the Waqf Act, 1995, was substituted as
follows;
"83(9) Any person aggrieved by the order of the Tribunal,
may appeal to the High Court within a period of ninety
days from the date of receipt of the order of the Tribunal."
3. In paragraph 209 of the order in In Re. The Waqf
Amendment Act, 2025 (1) [2025:INSE:1116] the Apex Court
declined the prayer to stay the provisions of the entire statute.
However, in order to protect the interest of all the parties and
2025:KER:71859
balance the equities during the pendency of a batch of matters,
the Apex Court issued directions contained in paragraph 209(i) to
(vi).
4. The learned Standing Counsel for the Kerala State Waqf
Board would submit that in view of sub-section (9) of Section 83
substituted by the Waqf (Amendment) Act, 2025, any person
aggrieved by the order of the Tribunal, may appeal to the High
Court within a period of ninety days from the date of receipt of the
order of the Tribunal.
5. The learned counsel for the petitioner seeks permission
to withdraw this OP(WAKF), without prejudice to the right of the
petitioner to file MFA(WAQF).
6. Based on the aforesaid submission made by the
learned counsel for the petitioner, this OP(WAKF) is dismissed as
withdrawn; however, without prejudice to the right of the
petitioner to file MFA(WAQF).
Registry shall refund the Court fee paid by the petitioner in
this OP(WAKF).
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
MSA
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APPENDIX OF OP (WAKF) 15/2025
PETITIONER EXHIBITS
Exhibit- P1 TRUE COPY OF THE ORDER DT: 25.03.2025
PASSED BY THE WAQF BOARD IN O.P.269/24
Exhibit- P2 TRUE COPY OF THE ORDER DT: 03.05.2025
PASSED BY THE WAQF BOARD IN O.P.269/24
Exhibit- P3 TRUE COPY OF THE REPORT DT: 07.05.25
FILED BY THE RETURNING OFFICER BEFORE THE
WAQF BOARD
Exhibit- P4 TRUE COPY OF THE JUDGMENT DATED
09.06.2025 PASSED IN W.P.(C) NO.
Exhibit- P5 TRUE COPY OF THE REPORT DATED 04.07.2025
SUBMITTED BY THE RETURNING OFFICER BEFORE
THE WAQF BOARD
Exhibit- P6 TRUE COPY OF THE ORDER DATED 20.08.2025
PASSED BY THE WAQF BOARD IN O.P.269/24
Exhibit- P7 TRUE COPY OF THE INJUNCTION PETITION I.A
NO 2/25 DATED 13.09.2025 FILED IN O.S
Exhibit- P8 TRUE COPY OF THE ORDER DATED 17.09.95
PASSED IN I.A 2/25 BY THE WAQF TRIBUNAL,
KOZHIKODE
