Kerala High Court
E.A.Sakkeer K vs Kerala State Wakf Board on 11 July, 2025
Author: Amit Rawal
Bench: Amit Rawal
2025:KER:51280
CRP(WAKF) NO. 21 OF 2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN
FRIDAY, THE 11TH DAY OF JULY 2025 / 20TH ASHADHA, 1947
CRP(WAKF) NO. 21 OF 2023
AGAINST THE ORDER/JUDGMENT DATED 16.03.2023 IN WOA
NO.38 OF 2022 OF WAKF TRIBUNAL, KOZHIKODE
REVISION PETITIONERS/APPELLANTS:
1 E.A.SAKKEER K.
AGED 59 YEARS, S/O. V.C.MOHAMMMED,
BLUE STAR TRAVELS, MAIN ROAD,
THALASSERY, PIN - 670101
2 K.V. YUSUF HAJI
AGED 75 YEARS, S/O. KUTTIALI,
NEW KERAL STIRES, MAIN ROAD,
THALASSERY, PIN - 670101
3 A.K.MUZZAMMIL
AGED 50 YEARS
S/O.KADER KUTTY, A.K.TRADERS, MAIN ROAD,
THALASSERY-, PIN - 670101
4 MOHAMMED BASHEER
AGED 60 YEARS
S/O. K.B. MOIDDU HAJI, NEAR ALI HAJI MOSQUE,
MAIN ROAD, THALASSERY, PIN - 670101
BY ADVS.
SHRI.T.H.ABDUL AZEEZ
SRI.K.P.MAJEED
SRI.MOHAMMED SADIQUE.T.A
SHRI.K.M.MOHAMMED YUSUFF (M-1323)
SHRI.SHANKAR V.
SMT.ADILA JALEEL KOLLIYIL
2025:KER:51280
CRP(WAKF) NO. 21 OF 2023
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RESPONDENTS/RESPONDENTS:
1 KERALA STATE WAKF BOARD
REPRESENTED BY THE CHIEF EXECUTIVE OFFICER,
V.I.P. ROAD, KALOOR, ERNAKULAM,
KOCHI, PIN - 682017
2 DAVOOD MOHAMMED SAIT,
MEMBER, ALI HAJI MOSQUE AND ALI HAJI MAKHAM
COMMITTEE, THALASSERY, PIN - 670101
3 P.P. ABOOBACKER
MEMBER, ALI HAJI MOSQUE AND ALI HAJI MAKHAM
COMMITTEE, THALASSERY, PIN - 670101
4 MOHAMMED HUSSAIN
MEMBER, ALI HAJI MOSQUE AND ALI HAJI MAKHAM
COMMITTEE, THALASSERY, PIN - 670101
5 MR.C.O.T.UMMER, ADVOCATE
MEMBER, ALI HAJI MOSQUE AND ALI HAJI MAKHAM
COMMITTEE, THALASSERY, PIN - 670101
BY ADVS.
SHRI.T.P.SAJID
SRI.M.MUHAMMED SHAFI
SMT.SHIFA LATHEEF
SRI.K.P.MOHAMED SHAFI
SHRI.MUHAMMED HAROON A.N.
SHRI.HASHARURAHIMAN U.
SHRI.MOHEMED FAVAS
SMT.T.RASINI
SMT.SWATHY A.P.
SRI JAMSHEED HAFIZ SC WAQF
THIS CRP (WAKF ACT) HAVING BEEN FINALLY HEARD ON
11.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:51280
CRP(WAKF) NO. 21 OF 2023
3
ORDER
Amit Rawal, J.
1. Present C.R.P.(Wakf) is directed against the order of the Tribunal dated 16.03.2023 in W.O.A.No.38 of 2022 and order of the Board dated 05.01.2022.
2. Succinctly, the facts brief are that, the revision petitioner Nos.1 to 4 preferred a petition bearing number O.P.No.169 of 2007 for framing a scheme under Sections 32, 69 and 70 of the Wakf Act, 1995, on the premise that Aali Haji Mosque and Makham, Thalassery is a Hanafi Wakf registered with the Wakf Board as 416/RA, which exclusively belongs to Hanafi sect of Muslims. The founder of the aforementioned Wakf was one Abdul Sathar Noorai Sait, who was a Hanafi. He had executed Wakf deeds in 1957 and 1961, stipulating certain terms and conditions regarding the mutawalliship and administration of the Wakf. Respondents, who were in the management of the aforementioned Wakf, misappropriated the Wakf properties 2025:KER:51280 CRP(WAKF) NO. 21 OF 2023 4 and income of the said property and thus, a cause of action accrued to file the aforementioned petition. An application dated 26.08.2019 was also filed to the Chief Executive Officer and Divisional Officer of the Board by registered post, requesting to appoint a interim mutawalli and to prepare draft scheme. The Wakf Board appointed an interim Mutawalli, but no draft scheme was published by the Board. After the disposal of the O.P., no notice was issued by the Board to the revision petitioners/appellants relating to the subsequent proceedings in the matter of framing the scheme. Respondent Nos.4, 5 and 7 were deleted from the party array as no relief was sought against the respondent No.5. Only respondent No.1 filed the counter. Respondent Nos.2, 6 and 8 also filed separate counter.
3. The grievance of the revision petitioners/ appellants have been that, in the final scheme approved by the Board which was upheld by the Tribunal, the mode of prayers in the mosque has not been specifically stated and 2025:KER:51280 CRP(WAKF) NO. 21 OF 2023 5 more importance has been given to the Shafi sect than the Hanafi group in the managing committee.
4. Sri.T.H.Abdul Azeez, learned counsel appearing on behalf of the petitioners submitted that the application was filed long time back, but it had taken almost twelve years for the Board to frame the scheme. Even the draft scheme prepared in pursuance of the order of the Wakf Board, was also not in compliance with the stipulations. Therefore, the final scheme also lacks the stipulations regarding the mode of prayers of the mosque.
5. Learned counsel appearing on behalf of the respondent Nos.3 and 4 also supported the argument made by Sri.T.H.Abdul Azeez.
6. On the other hand, Sri.Jamsheed hafiz appearing on behalf of the Kerala State Wakf Board submitted that, pursuant to the order of the Wakf Board merged with the order of the Tribunal, fresh elections have already been held. The appellants/petitioners could have 2025:KER:51280 CRP(WAKF) NO. 21 OF 2023 6 filed an application to the Board pointing out certain ambiguities, as pointed out before the Tribunal much less in this Court, so that the same could have been incorporated. If such application is submitted to the Board, it shall be addressed as expeditiously as possible by giving an opportunity of hearing to all the aggrieved, including the contesting respondents.
7. We have heard learned counsel for the parties and appraised the paper book.
8. No doubt that the Wakf deed executed in 1957 and 1961, contains certain terms and conditions, however, the scheme lacks the reference with regard to aforementioned terms and conditions and it was also for Hanafi sect whereas in the scheme, more preference has been given to the Shafi sect. We are of the view that the grievance of the petitioners can be still addressed by moving an appropriate application under Section 32 of the Wakf Act, 1995. In case the petitioners as well as 3rd and 4th 2025:KER:51280 CRP(WAKF) NO. 21 OF 2023 7 respondent submits application for correction, rectification, modification or incorporation, the Board shall address the issue and decide the same, in accordance with law, as expeditiously as possible. The decision of the Board shall be untrammelled by the findings given in the previous round of litigation. Board shall be at liberty to serve the 2nd respondent for effectual adjudication of the purported applications.
Revision stands disposed of.
Sd/-
AMIT RAWAL JUDGE Sd/-
P. V. BALAKRISHNAN JUDGE nak 2025:KER:51280 CRP(WAKF) NO. 21 OF 2023 8 APPENDIX OF CRP(WAKF) 21/2023 PETITIONER ANNEXURES Annexure-I TRUE COPY OF THE REPLY DATED 19/07/2022 FROM THE STATE PUBLIC INFORMATION OFFICER OF THE WAKF BOARD, KOZHIKODE. Annexure-II TRUE COPY OF THE LIST OF HANAFI MEMBERS IN THE JAMATH Annexure-III TRUE COPY OF THE DRAFT BYLAW PROPOSED TO BE INCORPORATED IN THE DRAFT SCHEME