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Kerala High Court
Pookkoya Thangal Valiyapeediyekkal vs Kerala State Waqf Board on 9 January, 2026
Author: Anil K.Narendran
Bench: Anil K.Narendran
1
W.P.(C)No.46081 of 2025 2026:KER:1571
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 9TH DAY OF JANUARY 2026 / 19TH POUSHA, 1947
WP(C) NO. 46081 OF 2025
PETITIONERS:
1 POOKKOYA THANGAL VALIYAPEEDIYEKKAL
AGED 65 YEARS
S/O. HABEEB KOYA THANGAL, DARUNAEEM, MARAKKARA
PANJAYATH, MELMURI VILLAGE, KADAMPUZHA P.O.,
MALAPPURAM, PIN - 676572
2 MUHAMMED TWAHIR THANGAL
AGED 35 YEARS
S/O. LATE MOHAMMED KOYA THANGAL, VALIYAPEEDIYEKKAL
HOUSE, VETTICHIRA, PUNNATHALA P.O., MALAPPURAM, PIN -
676552
3 MUHAMMED HABEEB THANGAL
AGED 37 YEARS
S/O. LATE MOHAMMED KOYA THANGAL, VALIYAPEEDIYEKKAL
HOUSE, VETTICHIRA, PUNNATHALA P.O., MALAPPURAM, PIN -
676552
4 V T AYISHA BEEVI
AGED 75 YEARS
W/O. LATE MOHAMMED KOYA THANGAL, VALIYAPEEDIYEKKAL
HOUSE, VETTICHIRA, PUNNATHALA P.O., MALAPPURAM, PIN -
676552
5 SUMAYYA BEEVI
AGED 51 YEARS
D/O. LATE MOHAMMED KOYA THANGAL, VALIYAPEEDIYEKKAL
HOUSE, VETTICHIRA, PUNNATHALA P.O., MALAPPURAM, PIN -
676552
6 FATHIMATHU SUHARA BEEVI
AGED 49 YEARS
2
W.P.(C)No.46081 of 2025 2026:KER:1571
D/O. LATE MOHAMMED KOYA THANGAL, VALIYAPEEDIYEKKAL
HOUSE, VETTICHIRA, PUNNATHALA P.O., MALAPPURAM, PIN -
676552
7 UMMU SALMA BEEVI
AGED 47 YEARS
D/O. LATE MOHAMMED KOYA THANGAL, VALIYAPEEDIYEKKAL
HOUSE, VETTICHIRA, PUNNATHALA P.O., MALAPPURAM, PIN -
676552
8 HABEEBA BEEVI
AGED 40 YEARS
D/O. LATE MOHAMMED KOYA THANGAL, VALIYAPEEDIYEKKAL
HOUSE, VETTICHIRA, PUNNATHALA P.O., MALAPPURAM, PIN -
676552
9 RAIHANATH BEEVI
AGED 38 YEARS
D/O. LATE MOHAMMED KOYA THANGAL, VALIYAPEEDIYEKKAL
HOUSE, VETTICHIRA, PUNNATHALA P.O., MALAPPURAM, PIN -
676552
BY ADVS.
SHRI.MUHASIN K.M.
SHRI.MUHANNAD K.M.
RESPONDENTS:
1 KERALA STATE WAQF BOARD
VIP ROAD ERNANKULAM, KALOOR, KOCHI , REP BY ITS CHIEF
EXECUTIVE OFFICER, PIN - 682017
2 KERALA STATE WAQF BOARD DIVISIONAL OFFICE
KARUVAMBRAM, MANJERI, MALAPPURAM, REP BY ITS
DIVISIONAL OFFICER, PIN - 676121
3 THE SECRETARY
KAZHUTHALLOOR MAHALLU, KUTTIPURAM, MALAPPURAM, PIN -
679571
SMT.NISHA BOSE, SR.G.P
SRI.JAMSHEED HAFIZ, SC, WAQF BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.01.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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W.P.(C)No.46081 of 2025 2026:KER:1571
JUDGMENT
Muralee Krishna, J.
The petitioners filed this writ petition under Article 226 of
the Constitution of India seeking the following reliefs:
"I. Issue a Writ of Certiorari, or any appropriate writ, order
or direction in quashing the impugned proceedings of The
Chief Executive Officer of the Kerala State Wakf Board
No.A9-4317/2016/MLP dated 28.10.2025 (Ext.P5).
II. Issue a Writ of Prohibition, restraining the Chief
Executive Officer of Kerala State Wakf Board from initiating
or proceeding with any action relating to the Achipra
Thangal Jaram/Tomb, which has already been judicially
declared not a Wakf.
III. Direct the respondents to strictly comply with Exts.P1,
P2, P3, and P4 and refrain from reopening concluded issues.
IV. Direct to open offering box and take the income received
by the committee after the box was filled and spilled, and
direct to pay half of the amount to petitioner".
2. Going by the averments in the writ petition, the
petitioners are the legal heirs of Achipra Thangal Ba-Alavi, who
passed away on 14.04.1950, and are the beneficiaries of the
income derived from the private family Tomb/Jaram of Achipra
Thangal. The Tomb/Jaram and the Thakiya constructed adjacent
to the Kuttippuram-Thrissur public road were built and maintained
exclusively by the petitioners' family using their own funds, and
W.P.(C)No.46081 of 2025 2026:KER:1571
the property has always remained under their sole possession,
administration, and management. Moreover, it is nothing other
than a private tomb and not a Wakf. Historically, the family
voluntarily permitted sharing a portion of the income from the
Jaram with the Kazhuthalloor Mahallu Committee, based on
mutual agreements, including a major settlement in 2008 before
Late Muhammad Ali Shihab Thangal Panakkad (Qazi), wherein
50% of the income after expenses had to be given to the Mahallu
committee and 50% to the family. This understanding was later
reaffirmed by his successor Qazi Hyder Ali Shihab Thangal.
Subsequently, certain disputes were raised before the Kerala State
Wakf Board by Mr Rasheed. The matter was adjudicated in E.P.
No.4317/2016, and by order dated 29.01.2018, the Kerala State
Wakf Board confirmed the distribution arrangement and appointed
an Executive Officer. The order expressly proceeded on the basis
that the Jaram is not a Wakf and directed 50% disbursal to the
family. Mr Rasheed challenged the Kerala State Wakf Board's order
before the Wakf Tribunal in W.O.A. No.53 of 2019, wherein the
petitioners were impleaded. After a full-fledged adjudication, the
Wakf Tribunal issued a categorical finding that the Achipra Thangal
W.P.(C)No.46081 of 2025 2026:KER:1571
Jaram is not a Wakf property and the Jaram and the Kazhuthalloor
Juma Masjid are separate entities. The Masjid Committee has no
control over the Jaram, and the administration of the Jaram solely
vests with the Achipra Thangal family. The Wakf Tribunal's
judgment dated 11.03.2022 was subsequently affirmed by this
Court in C.R.P(Wakf) No.23 of 2023, which was dismissed on
06.11.2023. Later, Mr. Rasheed filed another application before
this Court as CRP (Waqf) No.2 of 2024, and the same was also
dismissed, thereby upholding the Wakf Tribunal's decision. Thus,
the issue has attained finality, and all competent forums have
judicially declared that the Jaram is not a Wakf. Despite this, the
Chief Executive Officer of the Kerala State Wakf Board has now
issued fresh proceedings dated 28.10.2025 (Ext.P5) purporting to
reopen matters concluded in E.P.No.4317 of 2016, raising
objections regarding party status, and initiating fresh
administrative steps. The impugned action is wholly without
jurisdiction, patently illegal, and amounts to revisiting issues
conclusively settled by statutory authorities and affirmed by this
Court. The Chief Executive Officer of the Kerala State Wakf
Board's interference infringes the petitioners' constitutional right
W.P.(C)No.46081 of 2025 2026:KER:1571
to property under Article 300A, constitutes an abuse of statutory
power, and violates binding judicial orders. Also, the Chief
Executive Officer of the Kerala State Wakf Board has no power to
pass the impugned order. The petitioners are therefore
constrained to invoke the extraordinary jurisdiction of this Court
under Article 226, seeking quashing of the impugned proceedings
and protection of their family property from illegal interference.
3. On 12.12.2025, when the writ petition came up for
admission, the learned Standing Counsel for the Kerala State Wakf
Board took notice on admission for respondents 1 and 2 and
urgent notice on admission by speed post was ordered to the 3 rd
respondent, returnable by 08.01.2026. The learned Standing
Counsel sought time to get instructions.
4. On 08.01.2026, when this writ petition came up for
admission, it was adjourned to this date.
5. Today, when the writ petition was taken up for
consideration, the learned counsel for the petitioners submitted
that the petitioners have filed a memo dated 17.12.2025 seeking
permission to withdraw the writ petition as not pressed, without
prejudice to the right of the petitioners to approach this Court if it
W.P.(C)No.46081 of 2025 2026:KER:1571
becomes necessary.
6. In the memo dated 17.12.2025 filed by the learned
counsel for the petitioners, it is stated that the petitioners have
been instructed to withdraw the writ petition, since the
management refuses to sign the agreement for hike of wages due
to the pendency of this writ petition. No other reason is stated in
the memo to satisfy that there are sufficient grounds to allow the
petitioners to institute a fresh writ petition, on the very same
cause of action that is stated in the present writ petition. In such
circumstances, we are of the view that the liberty as sought in the
withdrawal memo cannot be granted to the petitioners.
In the result, this writ petition is dismissed as withdrawn,
however, without the liberty as sought in the memo filed by the
petitioners.
Sd/-
ANIL K.NARENDRAN, JUDGE
Sd/-
sks MURALEE KRISHNA S., JUDGE
W.P.(C)No.46081 of 2025 2026:KER:1571
APPENDIX OF WP(C) NO. 46081 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER OF WAQF BOARD DATED
29.01.2018
Exhibit P2 TRUE COPY OF ORDER OF WAQF TRIBUNAL DATED
11.03.2022
Exhibit P3 TRUE COPY OF JUDGMENT DATED 06.11.2023 IN
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 04.12.2024
IN CRP (WAKF) NO. 2/2024 OF HONOURABLE HIGH
COURT
Exhibit P5 TRUE COPY OF THE IMPUGNED PROCEEDINGS OF THE
CHIEF EXECUTIVE OFFICER OF KERALA STATE WAQF
BOARD NO. A9-4317/2016/MLP DATED 28.10.2025
