Kerala High Court
Abdul Rauf vs Possot Muhiyudheen Juma Masjid ... on 25 March, 2025
Author: Amit Rawal
Bench: Amit Rawal
2025:KER:25407
WP(C) NO. 12189 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947
WP(C) NO. 12189 OF 2025
PETITIONER(S):
1 ABDUL RAUF
AGED 49 YEARS
NIYAF MANZIL, NEAR BADARIYA MANZIL, POSSOT,
MANJESHWARAM, KASARGODE DISTRICT., PIN - 671323
2 MOIDEEN KUNHI MUHAMMED
AGED 59 YEARS, S/O MUHAMMED, P.K. MAHALL,
NEAR POSSOT JUMA, MASJID POSSOT, MANJESHWARAM,
KASARGODE DISTRICT., PIN - 671323
BY ADVS.
K.ANAND
GOWRI MENON
NANDHANA T.B.
ARCHANA N.
RESPONDENT(S):
1 POSSOT MUHIYUDHEEN JUMA MASJID COMMITTEE
REPRESENTED BY ITS INTERIM MUTHAVALLI ADV.SAYID
MOIDEEN SADTH MANZIL, GERUKATTA PAVOOR,
KASARGODE, PIN - 671323
2 USMAN K HAJI
S/O ABDULLA SATTIKA VEEDU, BUNDJE P.O,
MANJESWARAM, KASARGODE, PIN - 671323
3 MM ABDULLA@BAVA HAJI
S/O ABU, MARIAN VILLA, POSSOT.P.O, MANJESWARAM,
KASARGODE., PIN - 671323
2025:KER:25407
WP(C) NO. 12189 OF 2025
2
4 M.P.HANEEF HAJI
MOOCHI HOUSE, MANJESWARAM P.O,
KASARGODE, PIN - 671323
5 SAINUDHEEN HAJI
S/O ABBA HAJI, NEAR POSSOT JUMA MASJID,
HOSABETTU, MAJESWARAM P.O,
KASARGODE, PIN - 671323
6 KHALID DUKHIPPALA
S/O AALI KUNJU, DUKHIPPALA HOUSE,
P.O.MANJESWARAM, KASARGODE, PIN - 671323
7 T.S.MOHAMMED
S/O SOOPPI, THODATHAHITHALU HOUSE,
MANJESWARAM P.O, KASARGODE., PIN - 671323
8 K T ABDULLA HAJI
S/O ABOOBACKER HAJI, STRIKKA VEEDU,
BUDJE P.O., MANJESWARAM, KASARGODE,
TREASURER, POSSOT MUHIYUDHEEN JUMA MASJID
COMMITTEE, MANJESWARAM,
KASARGODE DISTRICT, PIN - 671323
9 THE KERALA STATE WAKF BOARD
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
KALOOR, KOCHI ERNAKULAM, PIN - 682017
0 THE RETURNING OFFICER
SRI. SHANKARAN NAIR, DISTRICT JUDGE (RETD),
'SMRITI', KRISHNANAGAR, UDAYAGIRI,
VIDYA NAGAR KASARGOD APPOINTED AS PER ORDER OF
THE HON'BLE HIGH COURT OF KERALA IN OP (WAKF) NO.
32/2024, PIN - 671323
SRI JAMSHEED HAFIZ SC WAQF
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:25407
WP(C) NO. 12189 OF 2025
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JUDGMENT
AMIT RAWAL, J.
1. A petition filed under Sections 32 and 61 of the Wakf Act is pending before the Board. There had been a series of litigation resulting into an order passed by us Ext.P2 dated 16.12.2024. Operative part of the same reads as under:
"5. Before the learned counsel representing the parties could commence arguments, we specifically put to them regarding the holding of election by appointing a Returning Officer in a time bound manner and by maintaining the order of appointment of interim Mutawalli, who has been working since 13.08.2024. Learned counsel representing the parties, after obtaining instructions, did not raise any objection with objective of bringing succor to their dispute pending in the Wakf Board as well as in the Tribunal. Thus without commenting on orders in pending O.P. and W.O.A., we appoint Sri.Shankaran Nair, District Judge (Retd), "Smriti", Krishna Nagar, Udayagiri, Vidya Nagar, Kasaraagod 671 123, as the Returning Officer to hold elections of the aforementioned Jama-ath within a period of four(4) months. Honorarium to the Returning Officer will be Rs.1,00,000/- (Rupeees one lakh only). The interim Mutawalli already appointed shall render all assistance to the Returning Officer for holding the election which is required as per the bylaws and as well as the provisions of the Act. The interim Mutawalli shall continue till the 2025:KER:25407 WP(C) NO. 12189 OF 2025 4 declaration of the result of the election and assumption of charge by newly elected body.
6. Accordingly, we dispose of the original petition with a direction that the claim in O.P.No.141 of 2023 as well as W.O.A.85/2024 would not sustain, they are also ordered to be closed.
Petition stands disposed off."
2. As per the order aforesaid, election notice has been notified by the returning officer appointed by us. Today is the last date to submit nomination.
3. Sri.K.Anand, learned counsel appearing on behalf of the petitioners submitted that during the pendency of the aforementioned O.P. before the Wakf Board, an interim application bearing No.23 of 2025, Ext.P4, has been filed seeking an order preventing the participation of respondent Nos.2 to 8 in the upcoming waqf election.
4. As per the averments in paragraph No.7 of the present petition, the aforementioned application was heard by the Board on 05.03.2025 and posted for orders to 20.03.2025. But on 20.03.2025, instead of pronouncing the order, the I.A was suo moto re-opened for further hearing and has been 2025:KER:25407 WP(C) NO. 12189 OF 2025 5 posted to 02.04.2025. Though the nomination date is going to be over, there are certain allegation in the application regarding the construction conducted by the erstwhile committee without obtaining the permission of the Board.
5. Issue notice before admission. Sri.Jamsheed Hafiz accepts notice for the Wakf Board. Respondent Nos.1 to 8 are the respondents in the main O.P and other respondent is the returning officer.
6. Without expressing any opinion on the merits of the matter and in order to defray the cost of litigation by issuing notice to the contesting respondent, keeping in view the urgency referred to in the application, we deem it appropriate to dispose of the present petition by directing the Wakf Board to take call on application Ext.P4 before the next date of hearing or at the best, within fifteen(15) days thereafter.
Sd/-
AMIT RAWAL, JUDGE Sd/-
K. V. JAYAKUMAR, JUDGE nak 2025:KER:25407 WP(C) NO. 12189 OF 2025 6 APPENDIX OF WP(C) 12189/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE OP(WAKF) NO. 32/2024 FILED BY THE PETITIONERS BEFORE THIS HONORABLE COURT DATED 17.11.2024 Exhibit P2 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN OP(WAKF) NO. 32/2024 DATED 16.12.2024 Exhibit P3 TRUE COPY OF THE OP.NO.13 OF 2025 FILED BY THE PETITIONERS BEFORE THE HONORABLE KERALA STATE WAQF BOARD DATED 22.1.2025 WITH ENGLISH TRANSLATION Exhibit P4 TRUE COPY OF THE IA NO.23/2025 IN OP NO.13/2025 BEFORE THE 9TH RESPONDENT DATED 22.01.2025 WITH ENGLISH TRANSLATION Exhibit P5 TRUE COPY OF THE ELECTION NOTIFICATION DATED 19.03.2025 ISSUED BY THE 10TH RESPONDENT WITH ENGLISH TRANSLATION