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Kerala High Court
Vakkom Padinjare Muslim Jama-Ath vs The Kerala State Wakf Board on 27 January, 2026
Author: Anil K. Narendran
Bench: Anil K. Narendran
1
W.P.(C)No.2858 of 2026
2026:KER:6554
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
TUESDAY, THE 27TH DAY OF JANUARY 2026 / 7TH MAGHA, 1947
WP(C) NO. 2858 OF 2026
PETITIONERS:
1 VAKKOM PADINJARE MUSLIM JAMA-ATH
CHIRAYINKEEZHU TALUK, VAKKOM.P.O., THIRUVANANTHAPURAM
DISTRICT, REPRESENTED BY ITS PRESIDENT, ABDUL VAHAB,
AGED 70 YEARS, S/O VAHAB, RESIDING AT VALIYA PALLI
THEKKATHU, VAKKOM VILLAGE, CHIRAYINKEEZHU TALUK,
THIRUVANANTHAPURAM DISTRICT, KERALA, PIN - 695308
2 ABDUL VAHAB
AGED 70 YEARS
S/O VAHAB, PRESIDENT, VAKKOM PADINJARE MUSLIM JAMA-
ATH, CHIRAYINKEEZHU TALUK, VAKKOM.P.O.,
THIRUVANANTHAPURAM DISTRICT, RESIDING AT VALIYA PALLI
THEKKATHIL, VAKKAOM VILLAGE, CHIRAYINKEEZHU TALUK,
THIRUVANATHAPURAM DISTRICT, KERALA, PIN - 695308
3 AJILAL
AGED 42 YEARS
S/O SAKKEER, GENERAL SECRETARY, VAKKOM PADINJARE
MUSLIM JAMA-ATH, CHIRAYINKEEZHU TALUK, VAKKOM.P.O.,
THIRUVANANTHAPURAM DISTRICT, RESIDING AT CHAYAKKUDI
HOUSE, VAKKAOM VILLAGE, CHIRAYIKEEZHU TALUK,
THIRUVANANTHAPURAM DISTRICT, KERALA, PIN - 695308
BY ADVS.SHRI.SALIM KUMAR A.
SHRI.AKHIL J.K.
RESPONDENTS:
1 THE KERALA STATE WAKF BOARD
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, VIP ROAD
KALOOR, COCHIN, ERNAKULAM DISTRICT, PIN - 682017
2
W.P.(C)No.2858 of 2026
2026:KER:6554
2 ADV. MOHAMMED SHAFI
(NEWLY APPOINTED RETURNING OFFICER), 4TH FLOOR, EMPIRE
BUILDING, NEAR HIGH COURT OF KERALA, OPPOSITE CENTRAL
POLICE STATION, ERNAKULAM, PIN - 682017
OTHER PRESENT:
SRI. JAMSHEED HAFIZ, SC, WAQF BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3
W.P.(C)No.2858 of 2026
2026:KER:6554
JUDGMENT
Anil K. Narendran, J.
The petitioners, namely, Vakkom Padinjare Muslim Jama-
ath, which is a waqf registered with the 1st respondent Kerala
State Waqf Board, its President and General Secretary, have filed
this writ petition under Article 226 of the Constitution of India,
seeking a writ of mandamus commanding the 1st respondent
Kerala State Waqf Board to accept and consider Ext.P5 review
petition. Ext.P5 review petition is one filed by the petitioners
herein, along with two others, invoking the provisions under
Section 114 read with Order XLVII Rule 1 of the Code of Civil
Procedure, 1908, seeking review of Ext.P3 order dated
18.12.2025 of the State Waqf Board in I.A.No.182 of 2025 in
O.P.No.108 of 2023.
2. Heard arguments of the learned counsel for the
petitioners and also the learned Standing Counsel for Kerala
State Waqf Board for the respondents.
3. The learned counsel for the petitioners would contend
that the State Waqf Board is having inherent powers to review
Ext.P3 order dated 18.12.2025 in I.A.No.182 of 2025 in
O.P.No.108 of 2023, when error apparent on the face of the
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record is pointed out. Therefore, the petitioners are entitled to
the direction, as sought for in this writ petition, i.e., a writ of
mandamus commanding the 1st respondent State Waqf Board to
entertain Ext.P5 review petition.
4. On the other hand, the learned Standing Counsel for
the Kerala State Waqf Board would point out that the absence of
a power of review conferred on the 1st respondent State Waqf
Board under the provisions of the Waqf Act, 1995, as amended
by the Waqf (Amendment) Act, 2025. The learned Standing
Counsel would also point out that petitioners 4 and 5 and
respondents 1 to 4 in Ext.P5 review petition are not made parties
to this writ petition.
5. 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 that may be made under this
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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.
6. 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.
7. As per sub-section (2) of Section 83 of the 1995 Act,
any mutawalli person interested in a waqf or any other person
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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.
8. 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
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other order as it may 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.
9. 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.
10. In view of the proviso to sub-section (2) of Section 83
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of the 1995 Act, inserted by the Waqf (Amendment) Act, 2025, a
challenge against an order made under the Act, or rules made
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.
11. A Three-Judge Bench of the Apex Court in Patel
Narshi Thakershi v. Shri. Pradyumansinghji Arjunsinghji
[(1971) 3 SCC 844] reiterated that the power of review is not
an inherent power. It must be conferred by law, either
specifically or by necessary implication. If the Government had
no power to review its own order, it is obvious that its delegate
would not have reviewed its order. On the facts of the case at
hand, the Apex Court observed that the question as to whether
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the Government order is correct or valid in law does not arise for
consideration in the proceedings before the said Court, so long
as that order is not set aside or declared void by a competent
authority.
12. In Kalabharati Advertising v. Hemant Vimalnath
Narichania [(2010) 9 SCC 437], after taking note of the
decisions on the point, the Apex Court reiterated that in the
absence of any statutory provision providing for review,
entertaining an application for review or under the grab of
clarification/modification/correction is not permissible.
13. In Pharmacy Council of India v. Rajeev College
of Pharmacy [(2023) 3 SCC 502], the Apex Court held that
the statutory body can do only such acts as are authorised by
the statute creating it. The powers of such body cannot extend
beyond what the statute provides expressly or by necessary
implication.
14. In the absence of any statutory provision under the
1995 Act providing for review, the 1st respondent State Waqf
Board, which can do only such acts as are authorised by the
statute creating it, i.e., the 1995 Act, as amended by the
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Amendment Act of 2025, cannot be directed to entertain Ext.P5
review petition. In order to challenge Ext.P3 order dated
18.12.2025 of the 1st respondent State Waqf Board, the
mutawalli of the waqf or any other person aggrieved by such an
order passed by the State Waqf Board has to invoke the
statutory remedy provided under sub-section (2) of Section 83 of
the 1995 Act, by approaching the Waqf Tribunal. As pointed out
by the learned Standing Counsel for the State Waqf Board,
petitioners 4 and 5 and respondents 1 to 4 in Ext.P5 review
petition are not made parties to this writ petition.
In the above circumstances, this writ petition fails, and the
same is accordingly dismissed; however, without prejudice to the
right of the petitioners to challenge Ext.P3 order dated
18.12.2025 of the State Waqf Board by invoking the statutory
remedy provided under sub-section (2) of Section 83 of the 1995
Act, by approaching the Waqf Tribunal.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
AV
2026:KER:6554
APPENDIX OF WP(C) NO. 2858 OF 2026
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE I.A. NO.477/2025 IN OP NO.
108/2023 FILED BY THE PETITIONERS BEFORE THE
WAQF BOARD, ERNAKULAM DATED 18.12.2025
Exhibit P2 TRUE COPY OF DEATH CERTIFICATE OF LATE
MOHAMMED SHAFI BEARING NO.CRDR-00253365-2025
DATED 16.12.2025 ISSUED BY THRIKKOVILVATTOM
GRAMA PANCHAYAT
Exhibit P3 TRUE COPY OF THE ORDER DATED 18.12.2025 IN
I.A. NO.182/2025 IN OP NO. 108/2023 PASSED
BY THE WAQF BOARD, ERNAKULAM
Exhibit P4 TRUE COPY OF THE COMMUNICATION ISSUED BY THE
2ND RESPONDENT RETURNING OFFICER TO THE
PETITIONERS 2 & 3 DATED 16.1.2026
Exhibit P5 TRUE COPY OF THE COVERING LETTER DATED
20.1.2026 SENT BY ADV. SYAMDAS TO THE CHIEF
EXECUTIVE OFFICER, WAQF BOARD, ERNAKULAM
ALONG WITH THE REVIEW PETITION I.E. I.A. OF
2026 (NOT NUMBERED) IN OP NO. 108/2023 DATED
18.1.2026 ON THE FILE OF WAQF BOARD,
ERNAKULAM
Exhibit P6 TRUE COPY OF THE POSTAL RECEIPT DATED
20.1.2026 WITH REGARD TO THE SENDING OF
EXHIBIT-P5
