Yoosef. C. M vs Kerala State Waqf Board
2026 Latest Caselaw 2529 Ker

Kerala High Court

Yoosef. C. M vs Kerala State Waqf Board on 1 April, 2026

Author: Anil K. Narendran

Bench: Anil K. Narendran

MFA (WAQF) NO. 8 OF 2026               1             2026:KER:28185


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

             THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN

                                   &

            THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.

   WEDNESDAY, THE 1ST DAY OF APRIL 2026 / 11TH CHAITHRA, 1948

                       MFA (WAQF) NO. 8 OF 2026

         AGAINST THE ORDER DATED 14.01.2026 IN IA 1/2025 IN WOA NO.194

OF 2025 OF WAKF TRIBUNAL, KOZHIKODE ARISING OUT OF THE ORDER DATED

22.10.2025 IN P NO.2782 OF 2025 OF WAKF BOARD, ERNAKULAM

APPELLANT(S)/APPLICANTS/PETITIONERS:

     1       YOOSEF. C. M
             AGED 60 YEARS
             S/O. MUHAMMED, CHERUMALAYIL,
             KANDAMANGALAM, KOTTOPPADAM - III VILLAGE,
             MANNARKAD TALUK,
             PALAKKAD DISTRICT., PIN - 678583

     2       SAIDALAVI KUNNATH
             AGED 59 YEARS
             S/O KUNHAYAMMU, KUNNATH, KANDAMANGALAM,
             KOTTOPPADAM - III VILLAGE, MANNARKAD TALUK,
             PALAKKAD DISTRICT, PIN - 678583

     3       KUNHALAVI.P
             AGED 75 YEARS
             S/O ABDULLA, PATHIRAPEETA,
             KANDAMANGALAM,
             KOTTOPPADAM - III VILLAGE, MANNARKAD TALUK,
             PALAKKAD DISTRICT, PIN - 678583

     4       BASHEER. C.M
             AGED 48 YEARS
             S/O. KUNHIRAYIN, CHERUMALAYIL HOUSE,
             KANDAMANGALAM,
             KOTTOPPADAM - III VILLAGE,
             MANNARKAD TALUK,
             PALAKKAD DISTRICT, PIN - 678583
 MFA (WAQF) NO. 8 OF 2026            2            2026:KER:28185


           BY ADVS.
           SRI.K.M.FIROZ
           SMT.M.SHAJNA

RESPONDENT(S)/RESPONDENT(S)/RESPONDENTS:

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

     2     PUTTANIKKADU MAHALLU JUMA-MASJID COMMITTEE
           REPRESENTED BY ITS PRESIDENT, AVARA, AGED 60 YEARS,
           S/O. MUHAMMED, KOOMANCHIREE HOUSE, KANDAMANGALAM,
           KOTTOPPADAM - III VILLAGE, MANNARKAD TALUK,
           PALAKKAD DISTRICT, PIN - 678583

     3     AVARA
           AGED 60 YEARS
           S/O MUHAMMED, PRESIDENT, PUTTANIKKADU MAHALLU JUMA
           MASJID - COMMITTEE, KOOMANCHIREE HOUSE, KANDAMANGALAM,
           KOTTOPPADAM - III VILLAGE, MANNARKAD TALUK,
           PALAKKAD DISTRICT., PIN - 678583

     4     MOIDEENKUTTY.C.M
           AGED 52 YEARS
           S/O HAMZA.C.M, SECRETARY, PUTTANIKKADU MAHALLU JUMA
           MASJID - COMMITTEE, CHERUMALAYIL HOUSE, KANDAMANGALAM,
           KOTTOPPADAM - III VILLAGE, MANNARKAD TALUK,
           PALAKKAD DISTRICT, PIN - 678583

     5     HUSSAIN. P
           AGED 55 YEARS
           S/O MUHAMMED MUSLIYAR, TREASURER,
           PUTTANIKKADU MAHALLU - JUMA MASJID COMMITTEE,
           POTTUR HOUSE, KANDAMANGALAM, KOTTOPPADAM - III
           VILLAGE, MANNARKAD TALUK,
           PALAKKAD DISTRICT, PIN - 678583

     6     POKKER.A
           AGED 68 YEARS
           S/O MOIDUPPA, VICE-PRESIDENT,
           PUTTANIKKADU MAHALLU JUMA MASJID - COMMITTEE,
           AYINELLI HOUSE, KANDAMANGALAM, KOTTOPPADAM - III
           VILLAGE, MANNARKAD TALUK,
           PALAKKAD DISTRICT, PIN - 678583

     7     MOIDUPPA FAIZY
           AGED 55 YEARS
           S/O MOIDEEN, VICE-PRESIDENT,
 MFA (WAQF) NO. 8 OF 2026            3            2026:KER:28185


           PUTTANIKKADU MAHALLU JUMA MASJID - COMMITTEE,
           KOTTANKODAN HOUSE, KANDAMANGALAM,
           KOTTOPPADAM - VILLAGE, MANNARKAD TALUK,
           PALAKKAD DISTRICT, PIN - 678583

     8     HAMZA MUSLIAR
           S/O MUHAMMED KALATHIL, JOINT-SECRETARY,
           PUATTANIKKADU - MAHALLU JUMA MASJID COMMITTEE,
           KALATHIL HOUSE, KANDAMANGALAM, KOTTOPPADAM VILLAGE,
           MANNARKAD TALUK, PALAKKAD DISTRICT, PIN - 678583

     9     HASSAN HAJI
           AGED 65 YEARS
           S/O AVARA HAJI, JOINT SECRETARY,
           PUTTANIKKADU MAHALLU JUMA MASJID-COMMITTEE,
           PULLITHODI HOUSE, KANDAMANGALAM, KOTTOPPADAM - III
           VILLAGE, MANNARKAD TALUK,
           PALAKKAD DISTRICT, PIN - 678583

    10     MOOSA
           AGED 75 YEARS
           S/O MARAKKAR, MEMBER,
           PUTTANIKKADU- MAHALLU JUMA MASJID COMMITTEE,
           KOZHIKODEN HOUSE, KANDAMANGALAM,
           KOTTOPPADAM - III VILLAGE, MANNARKAD TALUK,
           PALAKKAD DISTRICT, PIN - 678583

    11     KUNHALAVI
           AGED 65 YEARS
           S/O KUNHAYAMMU, MEMBER,
           PUTTANIKKADU MAHALLU JUMA MASJID - COMMITTEE,
           CHERUPARLI HOUSE, KANDAMANGALAM,
           KOTTOPPADAM - III VILLAGE, MANNARKAD TALUK,
           PALAKKAD DISTRICT, PIN - 678583

    12     USSAIN
           AGED 50 YEARS
           S/O MUHAMMED, MEMBER,
           PUTTANIKKADU MAHALLU JUMA MASJID - COMMITTEE,
           PATHANITHODI HOUSE, KANDAMANGALAM,
           KOTTOPPADAM - III VILLAGE, MANNARKAD TALUK,
           PALAKKAD DISTRICT, PIN - 678583

    13     MOIDEENKUTTY @ NANI
           AGED 45 YEARS
           S/O ABDU, MEMBER,
           PUTTANIKKADU MAHALLU JUMA MASJID - COMMITTEE,
           ALIPARAMBAN HOUSE, KANDAMANGALAM,
           KOTTOPPADAM - III VILLAGE, MANNARKAD TALUK,
           PALAKKAD DISTRICT, PIN - 678583
 MFA (WAQF) NO. 8 OF 2026             4            2026:KER:28185




    14     MUHAMMED.K
           AGED 50 YEARS
           S/O HAMZA, MEMBER,
           PUTTANIKKADU MAHALLU JUMA MASJID - COMMITTEE,
           KARAKULAVAN, KANDAMANGALAM, KOTTOPPADAM - III VILLAGE,
           MANNARKAD TALUK, PALAKKAD DISTRICT, PIN - 678583

    15     MAMMED. T
           AGED 72 YEARS
           S/O AIDU, MEMBER,
           PUTTANIKKADU MAHALLU JUMA MASJID - COMMITTEE,
           THOTTASHERI, KANDAMANGALAM, KOTTOPPADAM - III VILLAGE,
           MANNARKAD TALUK, PALAKKAD DISTRICT, PIN - 678583

           BY ADVS.
           SRI.R.O.MUHAMED SHEMEEM
           SMT.NASEEHA BEEGUM P.S.

OTHER PRESENT:

           SRI. JAMSHEED HAFIZ, SC, WAQF BOARD;
           SRI. R.O MOHAMED SHEMEEM

      THIS MISCELLANEOUS FIRST APPEALS (WAQF) HAVING BEEN FINALLY
HEARD ON 09.03.2026, THE COURT ON 01.04.2026 DELIVERED THE
FOLLOWING:
 MFA (WAQF) NO. 8 OF 2026                5               2026:KER:28185



                              JUDGMENT

Muralee Krishna S., J.

Petitioners in W.O.A.No.194 of 2025 on the file of the Waqf

Tribunal, Kozhikode ('the Tribunal' for short), filed this

M.F.A.(WAQF) invoking the provisions under Section 83(9) of the

Unified Waqf Management, Empowerment, Efficiency and

Development Act, 1995, as amended by the Waqf (Amendment)

Act, 2025 ('the Waqf Act' for short), challenging the order dated

14.01.2026 passed by the Tribunal in I.A.No.1 of 2025 filed in that

W.O.A.

2. As per the pleadings in this M.F.A.(WAQF), the

appellants are persons interested in Waqf and Waqf properties

managed by Puttanikkadu Mahallu Juma Masjid Committee. They

are the general body members and Mahallu members of the said

Juma Masjid Committee, which is arrayed as the 2nd respondent

in this M.F.A(WAQF). The appellants filed W.O.A.No.194 of 2025

before the Tribunal, challenging the order of the 1 st respondent

Waqf Board, whereby permission was granted to the 2 nd

respondent Committee to construct a Madrassa building in a

property, which, according to the appellants, is not registered as MFA (WAQF) NO. 8 OF 2026 6 2026:KER:28185

a Waqf under the provisions of the Waqf Act. According to the

appellants, the said order was passed by the Waqf Board by the

proceedings dated 22.10.2025, without affording the appellants

an effective opportunity of hearing and thereby violating the

principles of natural justice. In W.O.A., the appellants filed

I.A.No.1 of 2025 under Order XLI Rule 5 of the Code of Civil

Procedure, 1908 ('the CPC' for short), to stay the aforesaid order

dated 22.10.2025 passed by the Waqf Board granting permission

to construct a new Madrassa in the property situated in

Re.Sy.No.37/13 of Kottoppadam-III Village.

3. From the statements of facts of this M.F.A(WAQF) and

from the impugned order, we could gather that the contentions of

the appellants in the interlocutory application are that the

Executive Committee of Puttanikkadu Mahallu Juma Masjid

Committee in its meeting held on 18.12.2024 decided to renovate

and construct the existing Madrassa situated in Re.Sy.No.37/1 of

Kottoppadam Village with an estimated cost of Rs.36,75,000/-.

However, without placing this proposal before the general body of

the 2nd respondent Committee, the Executive Committee

approached the 1st respondent Waqf Board for approval, altering MFA (WAQF) NO. 8 OF 2026 7 2026:KER:28185

the project for the construction of a new Madrassa in a different

property bearing Re.Sy.No.37/13. The said property comprised in

Re.Sy.No.37/13 is not registered as a Waqf property. Thereafter,

the Waqf Board issued notice to the respondent Committee as well

as the appellants on 23.08.2025 to hear the matter. The 4 th

appellant, on receipt of notice, appeared before the Waqf Board

on 16.09.2025 and sought time to file a statement, and

accordingly, the matter was posted to 14.10.2025. In the

meanwhile, the appellants came to know that an officer had

already been appointed by the Waqf Board in the said matter and

that he had submitted a report. However, the copy of the aforesaid

report was not furnished to the appellants and therefore, on

14.10.2025, the appellants sought further time to file their

statement as the copy of the investigation report had not been

served to them. But without heeding the said request and without

hearing the appellants, the Chief Executive Officer of the Board

issued the impugned proceedings on 22.10.2025.

4. Respondents 2 and 3 entered appearance before the

Tribunal and filed a counter opposing the interlocutory application.

According to the respondents, the appellants filed W.O.A. and the MFA (WAQF) NO. 8 OF 2026 8 2026:KER:28185

interlocutory application without any bona fides or legal grounds,

only to stop the Madrassa construction based on a factional

interest, which prevents the imparting of a religious education to

the students.

4.1 Apart from denying the averments in the affidavit filed

in support of the interlocutory application, it is further contended

in the counter that one Mr.Bhasheer Cherumalayi, along with

Kunjalavi and Mr.Ilyas Cherumalayil, had filed a petition before

the Waqf Board with a dishonest intention to stop the construction

of a Madrassa which is a part of Puttanikkadu Mahallu Juma

Masjid. The Puttanikkadu Mahallu Juma Masjid is a registered,

ancient Public Waqf in Mannarkkad, Palakkad district, with

registration No.B5-2608/RA. The Puttanikkadu Mahallu Juma

Masjid Committee is administering the said Waqf as per the

registered bye-law. The present president is Mr.Koomencherry

Avara, and the secretary is Moidheenkutty Cherumalayil. The

Madrassa by name 'Irshadussibivan Madrassa' has been

functioning from the inception of the Waqf. The Madrassa teaching

the syllabus is being governed by the Samastha Kerala Islam

Matha Vidhyabhyasa Board for decades. The recognition was in MFA (WAQF) NO. 8 OF 2026 9 2026:KER:28185

the year 1986. The Madrassa building was in a dilapidated

condition, and the same was a threat to the life of the Madrassa

students, as well as teachers in the Madrassa. It was under those

circumstances that the Committee applied for the construction of

a Madrassa building in the Waqf property before the Kottoppadam

Grama Panchayat and obtained the building permit. On the

complaint of the appellants, Waqf Inspector Sri.Shafeeq K.T.

inspected the property and submitted an enquiry report.

4.2 The respondents 2 and 3 further contended in their

counter that the appellants are running another Madrassa, namely

'Yehiyavu Sunnah Secondary Madrassa' near the Madrassa of

Puttanikkadu Mahallu Juma Masjid and as a part of rival factionary

issues, they attempt to stop the construction of the Madrassa by

raising untenable objections. The Waqf Board and the Local Self

Government Authority granted permission for constructing the

Madrassa in accordance with the law. Moreover, several persons

have offered their contributions for constructing the Madrassa as

well. The delay in the construction of a Madrassa will be a denial

of Madrassa education to the students, and the persons who

offered money for constructing the Madrassa may withdraw their MFA (WAQF) NO. 8 OF 2026 10 2026:KER:28185

offer or demand to use their contribution for some other religious

purposes. The appellants neither have a prima facie case nor a

balance of convenience in their favour.

5. Before the Tribunal, from the side of the appellants,

Exts.A1 to A9 documents were marked, and from the side of the

respondents 2 and 3, Exts.B1 to B10 documents were marked for

reference in the interlocutory application. After hearing both sides,

the Tribunal, by the impugned order, dismissed the interlocutory

application. Being aggrieved, the appellants are now before this

Court with this M.F.A.(WAQF).

6. On 26.02.2026, when this M.F.A.(WAQF) came up for

admission, the same was admitted on file. The learned Standing

Counsel for the Kerala State Waqf Board and the learned counsel

for respondents 2 and 3 entered appearance. Urgent notice by

special messenger was ordered to respondents 4 to 15. Regarding

the interim relief sought for in I.A.No.1 of 2026 filed in this

M.F.A.(WAQF), the learned counsel for respondents 2 and 3, on

instructions, submitted that the construction of the building for the

Madrassa had already commenced in December 2025. The learned

Standing Counsel for the Kerala State Waqf Board sought time to MFA (WAQF) NO. 8 OF 2026 11 2026:KER:28185

get instructions.

7. To I.A.No.1 of 2026 filed by the appellants seeking stay

of the operation of the further proceedings of the Waqf Board as

per the proceedings dated 22.10.2025, the respondents 2 to 5, 9

and 12 to 14 filed counter affidavit dated 05.03.2026, producing

therewith Annexures R2(a) to R2(m) documents. Along with

I.A.No.3 of 2026, the appellants have produced Annexure A1, a

true copy of the enquiry report dated 15.03.2025.

8. Heard the learned counsel for the appellants, the

learned counsel for respondents 2 to 5, 9 and 12 to 14 and the

learned Standing Counsel for the Kerala State Waqf Board.

9. The learned Counsel for the appellants by relying on

the provisions, such as Sections 3(r), 3(B), 36 and 37 of the Waqf

Act would argue that in order to treat the property in question

situated in Re.Sy.No.37/13, after 05.04.2025, the date on which

the new Waqf Act came into operation, it has to be mandatorily

registered at the office of the Waqf Board. In the instant case,

admittedly, there is no Waqf deed without which a Waqf cannot

be created after 05.04.2025. A Waqf by user cannot be created

after the coming into force of the Waqf (amendment) Act, 2025, MFA (WAQF) NO. 8 OF 2026 12 2026:KER:28185

on 05.04.2025 and without registration, the permission cannot be

granted by the Waqf Board to start the construction in the

property using the Waqf fund. From Annexure A1 enquiry report

submitted along with I.A.No.3 of 2026, it is clear that the property

in Re.Sy.No.37/13 is not included in the register of Waqf. The

effect of the permission now granted by the Waqf Board for the

construction of the Madrassa is that a private committee is getting

the Waqf fund, and the Tribunal failed to consider these aspects

in their proper perspective.

10. On the other hand, the learned counsel for the

contesting respondents would submit that in Annexure R2(j)

complaint filed by the appellants before the Divisional Waqf Board

Officer, Malappuram, on 20.01.2025, it was admitted that the

property is a Waqf property. Similar is the case of a police

complaint filed by the appellants against the construction. By

relying on Section 36 of the Waqf Act, the learned counsel argued

that the bar for creation of a new Waqf without any Waqf deed is

applicable only to the Waqf that would be created after the coming

into force of the new Act on 05.04.2025 and not for the Waqfs that

were created by user prior to the coming into force of the new Act.

MFA (WAQF) NO. 8 OF 2026 13 2026:KER:28185

The time period stipulated for registration of the auqafs as per

Section 36(8) of the new Act is extended for five more months

from 06.12.2025 by the Tribunal.

11. The learned Standing Counsel for the Kerala State

Waqf Board would submit that before the Police, the appellants

filed a complaint raising objection in constructing the Madrassa

building in Re.Sy.No.37/1, and they raised no objection in respect

of the property in Re.Sy.No.37/13 and instead requested that the

construction should be strictly in the property situated in

Re.Sy.No.37/13. Now the construction has reached its lintel level,

and after the general body decision to seek permission and effect

construction of a Madrassa building till reaching this level of

construction, the appellants did not raise any objection and

therefore, the prima facie case, balance of convenience and the

injury aspects are in favour of the respondents.

12. From the pleadings on record and from the submissions

made at the Bar, we notice that the main contention of the

appellants is that the permission for construction was granted by

the Waqf Board, as per the order dated 22.10.2025 is on a

property that is not registered at the office of the Waqf Board.

MFA (WAQF) NO. 8 OF 2026 14 2026:KER:28185

There are no serious contentions for the appellants that the

property in question, situated in Re.Sy.No.37/13 is not a Waqf

property; but according to them, no Waqf can be created after

05.04.2025, i.e., the date on which the new Act came into force,

without execution of a Waqf deed. Since such a Waqf deed is

absent in the present case, it is not possible to register the

property at the office of the Waqf Board. In order to appreciate

this argument of the learned counsel for the appellants, it would

be appropriate to extract Sections 3(r), 3(B), 36 and 37 of the

Waqf Act hereunder:

Section 3 Definitions.-

xxx xxx xxx xxx

(r) "waqf" means the permanent dedication by any person showing or demonstrating that he is practising Islam for at least five years, of any movable or immovable property, having ownership of such property and that there is no contrivance involved in the dedication of such property, for any purpose recognised by the Muslim law as pious, religious or charitable and includes--

xxx xxx xxx xxx

(ii) a Shamlat Patti, Shamlat Deh, Jumla Malkkan or by any other name entered in a revenue record;

(iii) "grants", including mashrat-ul-khidmat for any purpose recognised by the Muslim law as pious, religious or charitable; and MFA (WAQF) NO. 8 OF 2026 15 2026:KER:28185

(iv) a waqf-alal-aulad to the extent to which the property is dedicated for any purpose recognised by Muslim law as pious, religious or charitable, provided when the line of succession fails, the income of the waqf shall be spent for education, development, welfare, or maintenance of widow, divorced woman and orphan, if waqif so intends, in such manner, as may be prescribed by the Central Government, and such other purposes as recognised by Muslim law, and "waqif" means any such person making such dedication;

Provided that the existing waqf by user properties registered on or before the commencement of the Waqf (Amendment) Act, 2025 as waqf by user will remain as waqf properties except that the property, wholly or in part, is in dispute or is a government property;

xxx xxx xxx xxx 3-B. Filing of details of waqf on portal and database.--

(1) Every waqf registered under this Act, prior to the commencement of the Waqf (Amendment) Act, 2025, shall file the details of the waqf and the property dedicated to the waqf on the portal and database, within a period of six months from such commencement:

Provided that the Tribunal may, on an application made to it by the mutawalli, extend such period of six months under this section for a further period not exceeding six months as it may consider appropriate, if he satisfies the Tribunal that he had sufficient cause for not filing the details of the waqf on the portal within such period.

(2) The details of the waqf under sub-section (1), amongst MFA (WAQF) NO. 8 OF 2026 16 2026:KER:28185

other information, shall include the following, namely:--

(a) the identification and boundaries of waqf properties, their use and occupier;

(b) the name and address of the creator of the waqf, mode and date of such creation;

(c) the deed of waqf, if available;

(d) the present mutawalli and its management;

(e) the gross annual income from such waqf properties;

(f) the amount of land-revenue, cesses, rates and taxes annually payable in respect of the waqf properties;

(g) an estimate of the expenses annually incurred in the realisation of the income of the waqf properties;

(h) the amount set apart under the waqf for--

(i) the salary of the mutawalli and allowances to the individuals;

(ii) purely religious purposes;

(iii) charitable purposes; and

(iv) any other purposes;

(i) details of court cases, if any, involving such waqf property;

(j) any other particular as may be prescribed by the Central Government.

xxx xxx xxx xxx

36. Registration.--(1) Every waqf, whether created before or after the commencement of this Act, shall be registered at the office of the Board.

MFA (WAQF) NO. 8 OF 2026 17 2026:KER:28185

(1-A) On and from the commencement of the Waqf (Amendment) Act, 2025, no waqf shall be created without execution of a waqf deed.

(2) Application for registration shall be made by the mutawalli:

Provided that such applications may be made by the waqf or his descendants or a beneficiary of the waqf or any Muslim belonging to the sect to which the waqf belongs. (3) An application for registration shall be made to the Board through the portal and database and shall contain the following particulars:--

(a) a description of the waqf properties sufficient for the identification thereof;

(b) the gross annual income from such properties;

(c) the amount of land revenue, cesses, rates and taxes annually payable in respect of the waqf properties;

(d) an estimate of the expenses annually incurred in the realisation of the income of the waqf properties;

(e) the amount set apart under the waqf for--

(i) the salary of the mutawalli and allowances to the individuals;

(ii) purely religious purposes;

(iii) charitable purposes; and

(iv) any other purposes;

(f) any other particulars as may be prescribed by the Central Government.

(4) Every such application shall be accompanied by a copy of the waqf deed or [xxx] MFA (WAQF) NO. 8 OF 2026 18 2026:KER:28185

(5) Every application made under sub-section (2) shall be signed and verified by the applicant in the manner provided in the Code of Civil Procedure, 1908 (5 of 1908) for the signing and verification of pleadings. (6) The Board may require the applicant to supply any further particulars or information that it may consider necessary.

(7) On receipt of an application for registration, the Board shall forward the application to the Collector having jurisdiction to inquire the genuineness and validity of the application and correctness of any particulars therein and submit a report to the Board:

Provided that if the application is made by any person other than the person administering the waqf, the Board shall, before registering the waqf, give notice of the application to the person administering the waqf and shall hear him if he desires to be heard. (7-A) Where the Collector in his report mentions that the property, wholly or in part, is in dispute or is a Government property, the waqf in relation to such part of property shall not be registered, unless the dispute is decided by a competent court.

(8) In the case of auqafs created before the commencement of this Act, every application for registration shall be made, within three months from such commencement and in the case of auqafs created after such commencement, within three months from the date of the creation of the waqf.

(9) The Board, on registering a waqf, shall issue the MFA (WAQF) NO. 8 OF 2026 19 2026:KER:28185

certificate of registration to the waqf through the portal and database.

(10) No suit, appeal or other legal proceeding for the enforcement of any right on behalf of any waqf which have not been registered in accordance with the provisions of this Act, shall be instituted or commenced or heard, tried or decided by any court after expiry of a period of six months from the commencement of the Waqf (Amendment) Act, 2025:

Provided that an application may be entertained by the court in respect of such suit, appeal or other legal proceedings after the period of six months specified under this sub-section, if the applicant satisfies the court that he has sufficient cause for not making the application within such period.

37. Register of auqafs.-- (1) The Board shall maintain a register of auqafs which shall contain in respect of each waqf copies of the waqf deeds, when available and the following particulars in such manner as prescribed by the Central Government, namely:--

(a) the class of the waqf;

(b) the name of the mutawalli;

(c) the rule of succession to the office of mutawalli under the waqf deed or by custom or by usage;

(d) particulars of all waqf properties and all title deeds and documents relating thereto;

(e) particulars of the scheme of administration and the scheme of expenditure at the time of registration;

(f) such other particulars as may be prescribed by the MFA (WAQF) NO. 8 OF 2026 20 2026:KER:28185

Central Government.

(2) The Board shall forward the details of the properties entered in the register of auqaf to the concerned land record office having jurisdiction of the waqf property. (3) On receipt of the details as mentioned in sub-section (2), the land record office shall before deciding mutation in the land records, in accordance with revenue laws in force, shall give a public notice of ninety days, in two daily newspapers circulating in the localities of such area of which one shall be in the regional language and give the affected persons an opportunity of being heard, then, according to established procedure, either make necessary entries in the land record or communicate, within a period of six months from the date of registration of waqf property under section 36, its objections to the Board."

(Underline supplied)

13. Under Section 61, certain penalties are also provided,

if the Mutawalli fails to apply for a registration of a auqafs, etc.

14. From the reading of Section 36(1) of the Waqf Act, it is

clear that every Waqf created before or after the commencement

of the new Act shall be registered at the office of the Waqf Board.

That means the Waqf already created shall also be registered at

the office of the Waqf Board. As per Section 36(8) of the Waqf Act,

in case of auqafs created before the commencement of the Act,

the application for registration shall be made within three months MFA (WAQF) NO. 8 OF 2026 21 2026:KER:28185

from the commencement and in the case of auqafs created after

such commencement, within three months from the date of

creation of the Waqf. But this period is now admittedly extended

by the Tribunal for five more months from 06.12.2025. The

reading of Section 36(1A) would show that after the

commencement of the new Act, no Waqf shall be created without

the execution of a Waqf deed. The creation of Waqf by user is

removed from the Act with effect from 05.04.2025.

15. As noted above, the documents produced from the side

of the contesting respondents as well as from the submissions

made at the Bar, we notice that the appellants have no contention

that the property in question, situated Re.Sy.No.37/13 is not a

Waqf, but their contention is that it is not registered at the office

of the Waqf Board. But the reading of Section 36(1) and 36(1A)

would make it clear that the bar for creation of a Waqf, without

execution of a Waqf deed, is applicable only in the case of the

creation of a new Waqf after the commencement of the new Act.

The Waqf by user already created will not be hit by the removal of

the said provision by the new Act.

16. Though the appellants sought stay of the order of the MFA (WAQF) NO. 8 OF 2026 22 2026:KER:28185

Waqf Board dated 22.10.2025, granting permission to construct a

new Madrassa in the property in dispute, and not a temporary

injunction, the nature of the stay sought for would show that, in

effect, the said stay will have the force of an order of injunction.

Therefore, while granting any such order, the Court has to look

into prima facie case, balance of convenience and the injury

aspects, as in the case of an order of injunction. The materials

placed on record would show that the prima facie case is in favour

of the respondents since the general body of the 2nd respondent,

Juma Masjid, in which the appellants are also members, took a

decision to construct a Madrassa building, though there is a

dispute pertaining to the property in which it was decided to be

constructed, which can be decided only after a full fledged trial.

Moreover, the photographs produced along with the counter

affidavit filed by the contesting respondents in I.A.No.1 of 2026

as Annexure R2(m) would show that construction of the Madrassa

building has now reached the stage of lintel level. Therefore, the

balance of convenience and injury aspects is also in favour of the

contesting respondents.

17. Having considered the pleadings and materials on MFA (WAQF) NO. 8 OF 2026 23 2026:KER:28185

record and the submissions made at the Bar, we find no illegality,

impropriety or incorrectness in the impugned order of the

Tribunal, which warrants interference by exercising appellate

jurisdiction.

In the result, this M.F.A.(Waqf) stands dismissed. The

pending interlocutory applications, if any, stand closed.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

                                MURALEE KRISHNA S., JUDGE
nak
 MFA (WAQF) NO. 8 OF 2026               24             2026:KER:28185


                 APPENDIX OF MFA (WAQF) NO. 8 OF 2026

PETITIONER ANNEXURES

ANNEXURE A1            A TRUE COPY OF ENQUIRY REPORT DATED 15.03.2025
RESPONDENT ANNEXURES

ANNEXURE R2(A)         A TRUE COPY OF THE REGISTERED BYLAW NO. PKDCA
                       329/97 OF WAQF
ANNEXURE R2(B)         A TRUE COPY OF THE LAST ISSUED CERTIFICATE OF

RECOGNITION NUMBER 5412, DATED 06.08.2004 BY THE SAMASTHA KERALA ISLAM MATHA VIDHYABHYASA BOARD.

ANNEXURE R2(C)         A TRUE COPY OF PHOTOGRAPHS SHOWING THE PATHETIC
                       CONDITION OF THE MADRASSA
ANNEXURE R2(D)         A TRUE COPY OF THE BUILDING PERMIT ISSUED BY
                       THE    KOTTOPADAM   GRAMA    PANCHAYATH,    DATED
                       24.02.2025
ANNEXURE R2(G)         A TRUE COPY OF THE ENQUIRY REPORT SUBMITTED BY

WAKF INSPECTOR SIR. SHAFEEQ K.T, NUMBERED A10.2608/C.R. ANNEXURE R2(I) A TRUE COPY OF THE LETTER NO TLKMKD/2413/ 2025- 1-12 RECEIVED FROM SURVEYOR UNDER THE RIGHT TO INFORMATION ACT ASCERTAINING THE FACT THAT THE CONSTRUCTION OF MADRASSA IN PROPERTY COMPRISED IN SY NO. 37/13. DATED 08-12-2025 ANNEXURE R2(J) A TRUE COPY OF THE PETITION FILED BY APPELLANT BASHEER AND OTHERS BEFORE THE KERALA STATE WAQF BOARD. DATED 20-01-2025 ANNEXURE R2(K) A TRUE COPY OF THE REGISTRATION AND WAQF DETAILS UPLOADED.

ANNEXURE R2(L) A TRUE COPY OF THE REGISTRATION OF WAQF AND ENROLLMENT DETAILS OF WAQF ON CENTRAL PORTAL, META DATA FORM, KERLAL STATE WAQF BOARD.

ANNEXURE R2(M) A TRUE COPY OF PHOTOGRAPHS SHOWING THE CONSTRUCTION OF THE MADRASSA OF THE MADRASSA. ANNEXURE R2(E) A TRUE COPY OF THE LETTER WITH MINUTES COPY DATED 15.02.2025 FOR APPROVAL OF MADRASSA CONSTRUCTION ANNEXURE R2(F) A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 08.01.2025 ISSUED BY THE VILLAGE OFFICE.

ANNEXURE R2(H)         A TRUE COPY OF THE STOP MEMO DATED 17.11.2025
                       ISSUED    BY   THE   STATION    HOUSE    OFFICER,

MANNARKKAD, POLICE STATION TO THE PRESIDENT OF JUMA MASJID PALLY, PUTTANIKKAD.