[Cites 10, Cited by 0]
Kerala High Court
Eriyad Palli @ Eriyad Mahallu Jama-Ath vs Aboobacker K.M on 22 January, 2026
Author: Anil K. Narendran
Bench: Anil K. Narendran
W.P.(C)NO.47612 OF 2025 1 2026:KER:5686
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 22ND DAY OF JANUARY 2026 / 2ND MAGHA, 1947
W.P.(C)NO.47612 OF 2025
PETITIONERS:
1 ERIYAD PALLI @ ERIYAD MAHALLU JAMA-ATH
PAY BAZAAR, ERIYAD, KODUNGALLUR, THRISSUR DISTRICT,
REPRESENTED BY ITS SECRETARY K.K. ABU, S/O
KUNJUMUHAMMED, ERIYAD PALLI @ ERIYAD MAHALLU JAMA-ATH
PAY BAZAAR, ERIYAD KODUNGALLUR, THRISSUR DISTRICT, PIN
- 680666
2 SECRETARY
K.K. ABU, S/O KUNJUMUHAMMED, ERIYAD PALLI @ ERIYAD
MAHALLU JAMA-ATH, PAY BAZAAR, ERIYAD, KODUNGALLUR,
THRISSUR DISTRICT, PIN - 680666
3 PRESIDENT
MOHAMMED IQBAL, S/O A.K. AJEENA, ERIYAD PALLI @ ERIYAD
MAHALLU JAMA-ATH, PAY BAZAAR, ERIYAD KODUNGALLUR,
THRISSUR DISTRICT, PIN - 680666
4 TREASURER
K.A. NAZAR, AGED 58 YEARS, S/O ABDU, ERIYAD PALLI @
ERIYAD MAHALLU JAMA-ATH, PAY BAZAAR, KONDUNGALLUR,
THRISSUR DISTRICT, PIN - 680666
BY ADVS.
SMT.M.R.MINI
SHRI.K.K.MOHAMED RAVUF
RESPONDENTS:
1 ABOOBACKER K.M.
AGED 65 YEARS, SON OF MOIDU,
KATTUPARAMBIL HOUSE, PAY BAZAAR, ERIYAD, THRISSUR
DISTRICT, PIN - 680666
2 BADARUDEEN K.K.,
W.P.(C)NO.47612 OF 2025 2 2026:KER:5686
AGED 63 YEARS, SON OF KUNJUMARAKKAR,
KULAKKANDATHIL, AZHEEKOD,
THRISSUR DISTRICT, PIN - 680666
3 SADATH K.M.
AGED 48 YEARS, SON OF MOHAMMEDUNNI,
KADAKKATHAKATH, PAY BAZAAR, ERIYAD P.O., THRISSUR
DISTRICT, PIN - 680666
4 MUHAMMED
AGED 65 YEARS, SON OF MOIDU,
THEVARATH, PAY BAZAAR, ERIYAD, THRISSUR DISTRICT, PIN
- 680666
5 ASHARAF
AGED 68 YEARS, SON OF KUNJUMUHAMMED,
KOONATH HOUSE, KARUKKULAM HOSPITAL, AZHEEKOD, THRISSUR
DISTRICT, PIN - 680666
6 KERALA STATE WAQF BOARD
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, V.I.P.
ROAD, KALOOR, KOCHI, PIN - 682017
OTHER PRESENT:
SRI. T. KRISHNANUNNI, SR.
SRI. JAMSHEED HAFIZ, SC, WAQF BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)NO.47612 OF 2025 3 2026:KER:5686
"C.R"
JUDGMENT
Anil K. Narendran, J.
The petitioners have filed this writ petition under Article 226
of the Constitution of India, seeking a writ of certiorari to quash
Ext.P5 order dated 15.10.2025, Ext.P6 order dated 15.10.2025,
and Ext.P7 order dated 15.10.2025 of the State Waqf Board in
O.P.No.272 of 2025. They have also sought for an order directing
the Waqf Board not to proceed with Exts.P5, P6 and P7 orders
before affording them an opportunity of being heard.
2. Heard the learned Senior Counsel for the petitioners
and also the learned Standing Counsel for the Kerala State Waqf
Board for the 6th respondent.
3. The issue that requires consideration in this writ
petition is whether the petitioners can invoke the writ jurisdiction
of this Court under Article 226 of the Constitution of India,
challenging Exts.P5, P6, P7 orders of the State Waqf Board in the
interlocutory applications filed in O.P.No.272 of 2025.
4. The argument of the learned Senior Counsel for the
petitioners is that Exts.P5, P6, P7 orders of the State Waqf Board
are legally unsustainable. If the petitioners are given a reasonable
opportunity, they could have submitted the audited accounts of
W.P.(C)NO.47612 OF 2025 4 2026:KER:5686
the waqf and convinced the State Waqf Board that a further audit
is not necessary. The bye-law of the waqf specifically provides the
procedure for conducting an election to the Managing Committee.
There was not even a single instance where a proper election was
not conducted. Therefore, the State Waqf Board went wrong in
passing Exts.P5 to P7 interim orders, which seriously affect the
day-to-day management of the affairs of the waqf.
5. O.P.No.272 of 2025 is one filed by respondents 1 to 5
herein before the Kerala State Waqf Board, invoking the provisions
under Sections 32, 47, 63, 69, 69(4) and 70 of the Waqf Act, 1995,
seeking various reliefs, alleging that the waqf, i.e., Eriyad Mosque
and Eriyad Mahallu Jama-ath, is not properly managed by the
petitioners herein and proper accounts are not regularly submitted
before the State Waqf Board, as contemplated under the said Act.
6. The Waqf Act, 1995, which was re-named as the United
Waqf Management, Empowerment, Efficiency and Development
Act, 1995, vide Waqf (Amendment) Act, 2025, is enacted by the
Parliament to provide for the better administration of Auqaf and
for matters connected therewith or incidental thereto. Section 32
of the Act deals with the powers and functions of the State Waqf
Board. As per sub-section (1) of Section 32, subject to any rules
W.P.(C)NO.47612 OF 2025 5 2026:KER:5686
that may be made under this Act, the general superintendence of
all Auqaf in a State shall vest in the Board established or the State;
and it shall be the duty of the Board so to exercise its powers
under this Act as to ensure that the Auqaf under its
superintendence are properly maintained, controlled and
administered and the income thereof is duly applied to the objects
and for the purposes for which such Auqaf were created or
intended. Section 47 of the Act deals with the audit of accounts of
Auqaf; Section 63 deals with the power to appoint Mutawallis in
certain cases; Section 69 deals with the power of the Board to
frame a scheme for the administration of waqf; Section 69(4)
deals with the power of the Board to cancel or modify the scheme;
and Section 70 deals with inquiry relating to administration of
waqf.
7. In I.A.No.388 of 2025 filed in O.P.No.272 of 2025, the
State Waqf Board passed Ext.P5 order dated 15.10.2025, whereby
the Divisional Waqf Officer was directed to conduct an inquiry and
submit report; in I.A.No.389 of 2025, the Waqf Board passed
Ext.P6 order; whereby the respondents therein, their
representatives and any other person are restrained from
conducting election to the Jama-ath committee, without obtaining
W.P.(C)NO.47612 OF 2025 6 2026:KER:5686
prior permission of the Waqf Board; and in I.A.No.390 of 2025,
the Waqf Board passed Ext.P7 order, whereby the Divisional Waqf
Officer is directed to carry out audit of accounts of the Jama-ath
for the period 2019-25 through an empanelled Auditor. After
completion of the audit, the Divisional Waqf Officer shall seek
explanations and clarifications and give necessary directions to
cure the defects or mistakes pointed out by the Auditor. Thereafter,
if any amount is to be recovered, the matter shall be placed before
the Board on the administrative side.
8. Section 83 of the 1995 Act deals with the constitution
of Tribunals, etc. As per sub-section (1) of Section 83, the State
Government shall, by notification in the Official Gazette, constitute
as many Tribunals as it may think fit, for the determination of any
dispute, question or other matter relating to a waqf or waqf
property, eviction of a tenant or determination of rights and
obligations of the lessor and the lessee of such property, under
the Act and define the local limits and jurisdiction of such
Tribunals. As per the proviso to sub-section (1) of Section 83, any
other Tribunal may, by notification, be declared as the Tribunal for
the purposes of this Act.
9. As per sub-section (2) of Section 83 of the 1995 Act,
W.P.(C)NO.47612 OF 2025 7 2026:KER:5686
any mutawalli person interested in a waqf or any other person
aggrieved by an order made under the Act, or rules made
thereunder, may make an application within the time specified in
the Act or where no such time has been specified, within such time
as may be prescribed, to the Tribunal for the determination of any
dispute, question or other matter relating to the waqf. As per the
proviso to sub-section (2) of Section 83, inserted by the Waqf
(Amendment) Act, 2025, with effect from 08.04.2025, if there is
no Tribunal or the Tribunal is not functioning, any aggrieved
person may appeal to the High Court directly.
10. As per sub-section (9) of Section 83 of the 1995 Act,
prior to its substitution by the Waqf (Amendment) Act, 2025, no
appeal shall lie against any decision or order, whether interim or
otherwise, given or made by the Tribunal. As per the proviso to
sub-section (9) of Section 83, the High Court may, on its own
motion or on the application of the Board or any person aggrieved,
call for and examine the records relating to any dispute, question
or other matter which has been determined by the Tribunal for the
purpose of satisfying itself as to the correctness, legality or
propriety of such determination and may confirm, reverse or
modify such determination or pass such other order as it may
W.P.(C)NO.47612 OF 2025 8 2026:KER:5686
think fit. As per sub-section (9) of Section 83 of the 1995 Act,
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.
11. In West Bengal Wakf Board v. Anis Fatma Begum
[(2010) 14 SCC 588], the Apex Court opined that all matters
pertaining to wakfs should be filed in the first instance before the
Wakf Tribunal constituted under Section 83 of the Wakf Act, 1995
and should not be entertained by the civil court or by the High
Court straightaway under Article 226 of the Constitution of India.
In the said decision, the Apex Court noticed that the obvious
purpose of constituting a special Tribunal for deciding disputes
relating to wakfs was that a lot of cases relating to wakfs were
being filed in the courts in India, and they were occupying a lot of
time of all the courts in the country, which had resulted in
increased pendency of cases in the courts. Hence, a special
Tribunal has been constituted for deciding such matters.
12. In view of the proviso to sub-section (2) of Section 83
of the 1995 Act, inserted by the Waqf (Amendment) Act, 2025, a
challenge against an order made under the Act, or rules made
W.P.(C)NO.47612 OF 2025 9 2026:KER:5686
thereunder, can be entertained by the High Court if there is no
Tribunal constituted under sub-section (1) of Section 83 or the
Tribunal is not functioning. Therefore, when the State
Government, by notification in the Official Gazette, has constituted
the Waqf Tribunal and the said Tribunal is functioning, a mutawalli
interested in a waqf or any other person aggrieved by an order
made under the Act, or rules made thereunder, has to invoke the
statutory remedy provided under sub-section (2) of Section 83 of
the 1995 Act, by approaching the Waqf Tribunal, instead of
challenging the said order by invoking the extraordinary
jurisdiction of this Court under Article 226 of the Constitution of
India.
13. In the above circumstances, if the petitioners are
aggrieved by Exts.P5 to P7 orders of the State Waqf Board in
I.A.Nos.388 of 2025, 389 of 2025 and 390 of 2025 in O.P.No.272
of 2025, they have to challenge the said orders before the Waqf
Tribunal, by invoking the provisions contained in sub-section (2)
of Section 83 of the 1995 Act, instead of challenging the said
orders before this Court, by invoking the extraordinary jurisdiction
under Article 226 of the Constitution of India.
In the result, this writ petition filed on 17.12.2025 fails on
W.P.(C)NO.47612 OF 2025 10 2026:KER:5686
the ground of maintainability, and the same is accordingly
dismissed; however, without prejudice to the right of the
petitioners to challenge Exts.P5 to P7 orders before the Waqf
Tribunal, by invoking the provisions contained in sub-section (2)
of Section 83 of the 1995 Act, raising appropriate legal and factual
contentions.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
MIN
W.P.(C)NO.47612 OF 2025 11 2026:KER:5686
APPENDIX OF WP(C) NO. 47612 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF O.P. 272/2025 DATED 12.10.2025
ON THE FILE OF THE KERALA STATE WAQF BOARD
Exhibit P2 TRUE COPY OF I.A.NO.388/2025 IN O.P.
NO.272/2025 DATED 12.10.2025, WAQF BOARD,
ERNAKULAM
Exhibit P3 TRUE COPY OF I.A.NO.389/2025 IN O.P.
NO.272/2025 DATED 12.10.2025 WAQF BOARD,
ERNAKULAM
Exhibit P4 TRUE COPY OF I.A.NO.390/2025 IN O.P.
NO.272/2025 DATED 12 .10.2025 WAQF BOARD,
ERNAKULAM
Exhibit P5 TRUE COPY OF THE ORDER DATED 15.10.2025 IN
I.A. NO. 388/2025 IN O.P. 272/2025 PASSED BY
THE WAQF BOARD, ERNAKULAM
Exhibit P6 TRUE COPY OF THE ORDER DATED 15.10.2025 IN
I.A. NO. 389/2025 IN O.P. 272/2025 PASSED BY
THE WAQF BOARD, ERNAKULAM
Exhibit P7 TRUE COPY OF THE ORDER DATED 15.10.2025 IN
I.A. NO. 390/2025 IN O.P. 272/2025 PASSED BY
THE WAQF BOARD, ERNAKULAM
