Kerala High Court
Hidayathul Islam Mulsim Samajam vs Parathodu Grama Panchayath on 5 August, 2025
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN
TUESDAY, THE 5TH DAY OF AUGUST 2025 / 14TH SRAVANA, 1947
WP(C) NO. 4215 OF 2018
PETITIONER:
HIDAYATHUL ISLAM MULSIM SAMAJAM,
EDAKKUNNAM.P.O,KOTTAYAM DISTRICT,
REPRESENTED BY ITS PRESIDENT ABDUL JALEEL.K.A,
AGED 51 YEARS, S/O.K.S.EASA RAWTHER,
KARUVALICKAL HOUSE,EDAKKUNNAM.P.O,
KOTTAYAM DISTRICT-686512.
BY ADVS.
SRI.P.A.MOHAMMED SHAH
SRI.K.ARJUN VENUGOPAL
SHRI.JEEVAN RAJEEV
SMT.MARY RESHMA GEORGE
SMT.P.M.MAZNA MANSOOR
SHRI.R.NANDAGOPAL
SRI.SOORAJ T.ELENJICKAL
RESPONDENTS:
1 PARATHODU GRAMA PANCHAYATH
PARATHODU.P.O,KOTTAYAM DISTRICT-686512,
REPRESENTED BY ITS SECRETARY.
2 SECRETARY
PARATHODU GRAMA PANCHAYATH,PARATHODU.P.O,
KOTTAYAM DISTRICT-686512.
3 DIVISIONAL OFFICER
KERALA STATE WAQF BOARD, GREENS-100,RISH VILLA, NEAR
RAILWAY STATION, CHERUKARAKUNNU, CHANGANACHERRY-686101.
WP(C) NO. 4215 OF 2018 -2-
2025:KER:58626
BY ADV.
SRI JAMSHEED HAFIZ, SC, WAQF BOARD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 05.08.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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JUDGMENT
AMIT RAWAL, J.
The present writ petition has been filed by the Hidayathul Islam Muslim Samajam, Edakkunnam, Kottayam through its President on various grounds for claiming the following reliefs:
"i) To issue a writ of mandamus directing the 1st and 2nd respondent not to carry out any construction of road through the property covered by Exhibit-P1.
ii) Grant such other reliefs which this Hon'ble Court may deem fit and proper to grant in the facts and circumstances of the Court."
2. The pith and substance of the reliefs as well as the pleadings would reveal that petitioner is a Waqf defined under Section 3(r) of the Waqf Act, 1995 and registered with the Waqf Board. The petitioner is having one(1) Hector and 76(seventy-six) Ares of property situated in Survey No.135/4, Block No.7, WP(C) NO. 4215 OF 2018 -4- 2025:KER:58626 Edakkunnam Village, Kanjirappally Taluk, Kottayam District. The aforementioned possession and ownership vested on the basis of the 'Certificate of Purchase' issued under the provisions of Kerala Land Reforms Act on 16.04.2007 Ext.P1. As per the location of the plan, it is evident that the Panchayath, without demarcation and without having ownership of the land, intended to carve out the culvert on the Waqf property in the absence of any steps for acquisition or any other permissible action under the law. The property of the Waqf cannot be alienated in view of the bar/embargo under Section 51 of the Waqf Act, as inserted vide amendment dated 29.10.2013 effective from 01.11.2013. For that, the petitioner has been served a notice on behalf of the Waqf Board with regard to the measurement of the property.
3. This Court, while admitting the writ petition on 08.02.2018, granted a status quo order. The order reads as under:
WP(C) NO. 4215 OF 2018 -5-
2025:KER:58626 "Admit.
Issue notice by speed post to R1 and R2. Sri.T.P.Sajid takes notice for R3. Parties shall maintain status quo as on date."
4. Panchayath has, despite the service, not chosen to contest the case. The matter is pending since 2008. It appears that the Panchayath is not interested in carving out the culvert. Had it been so, there would have been a reply or serious contest.
5. We are of the view that, for the time being the grievance of the appellant - petitioner prima facie seems to be justified as no steps have been taken to acquire the land nor there is compliance of any other provisions of law. Panchayath cannot at the drop of a hat carve out the road on the property belonging to the Wakf Board in the absence of any demarcation or permission from the Tahsildar or the concerned Taluk. In this view of the matter, we dispose of the writ petition by confirming the WP(C) NO. 4215 OF 2018 -6- 2025:KER:58626 interim order with liberty to the Panchayat to take appropriate steps, in accordance with law.
Sd/-
AMIT RAWAL JUDGE Sd/-
P. V. BALAKRISHNAN JUDGE vv WP(C) NO. 4215 OF 2018 -7- 2025:KER:58626 APPENDIX OF WP(C) 4215/2018 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE PURCHASE CERTIFICATE DATED 16.04.2017 ISSUED BY THE LAND TRIBUNAL KOTTAYAM EXHIBIT P2 THE TRUE COPY OF THE TAX RECEIPT DATED 29.01.2018 EXHIBIT P3 THE TRUE COPY OF THE LOCATION PLAN ISSUED THE VILLAGE OFFICER EDAKKUNNAM DATED 01.07.2016 EXHIBIT P4 THE TRUE COPY OF THE LETTER NO.A2- 3433/CR ISSUED WAQF BOARD DATED 11.05.2016 EXHIBIT P5 THE TRUE COPY OF THE NOTICE NO.A2- 3433/CR DATED 16.01.2018 ISSUED WAQF BOARD.