Kerala High Court
V.P. Kunjahammed Kutty vs Muhammed Musthafa on 6 December, 2024
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 K. V. JAYAKUMAR
FRIDAY, THE 6TH DAY OF DECEMBER 2024 / 15TH AGRAHAYANA, 1946
CRP(WAKF) NO. 15 OF 2024
AGAINST THE JUDGMENT DATED 21.12.2023 IN WOS NO.81 OF 2019 OF
WAKF TRIBUNAL, KOZHIKODE
PETITIONER(S)/PLAINTIFFS:
1 UMMER K P
AGED 50 YEARS
S/O. CHEKKU MUHAMMED, KUNNATH PARAMBAN HOUSE, P.O
PULLIPADAM, MAMBAD, MALAPPURAM DISTRICT,, PIN - 676542
2 ASHRAF P
AGED 48 YEARS
S/O. MUHAMMED KURIKKAL, PUNNAPALA HOUSE, P.O
PULLIPADAM, MAMBAD, MALAPPURAM DISTRICT,, PIN - 676542
BY ADVS.
P.A.ABDUL JABBAR
MUHAMMED SHAFFI
SHAHIM BIN AZIZ
EHLAS HALEEMA C.K.
RESPONDENT(S)/DEFENDANT:
1 V P KUNJAHMMED KUTTY
AGED 70 YEARS
S/O. V.P.C. MUHAMMED VALIYAPEEDIYAKKAL HOUSE, P.O
PULLIPADAM, MAMBAD, MALAPPURAM DISTRICT, PIN - 676542
2 SHOUKATHALI S
AGED 63 YEARS
S/O. MOYIN, SRAMBIYAKKAL HOUSE, P.O PULLIPADAM,
MAMBAD, MALAPPURAM DISTRICT, PIN - 676542
CRP(WAKF) Nos.15/2024, 16/2024, 24/2024
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2024:KER:92245
3 PULLIPADAM JUMAYATH PALLI COMMITTEE
REPRESENTED BY ITS SECRETARY, SHOUKATHALI . S,
P.O PULLIPADAM, MALAPPURAM DISTRICT,, PIN -
676542
4 KERALA STATE WAQF BOARD
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
V.I.P. ROAD, KALOOR, KOCHI,, PIN - 682017
5 ALI K
AGED 54 YEARS
S/O. ALAVI, KUNNUMMAL HOUSE, P.O PULLIPADAM,
MAMBAD AMSOM DESOM, NILAMBUR TALUK, MALAPPURAM
DISTRICT,, PIN - 676542
6 KUNHIMUHAMMED
AGED 79 YEARS
S/O. AALI, VALLIKKAD, MAMBAD AMSOM DESOM,
NILAMBUR TALUK, MALAPPURAM DISTRICT,, PIN -
676542
7 ABDUL RASAK P
AGED 58 YEARS
S/O. AALI PUNNAPALA HOUSE, MAMBAD AMSOM DESOM,
NILAMBUR TALUK, MALAPPURAM DISTRICT,, PIN -
676542
8 P SHOUKATHALI
AGED 57 YEARS
S/O. UNNI MUHAMMED PANTHAR HOUSE, MAMBAD AMSOM
DESOM, NILAMBUR TALUK, MALAPPURAM DISTRICT,,
PIN - 676542
9 ABDUL KAREEM
AGED 50 YEARS
S/O. MUHAMMED GHURUKKAL, KOYANGADAN, MAMBAD
AMSOM DESOM, NILAMBUR TALUK, MALAPPURAM
DISTRICT,, PIN - 676542
CRP(WAKF) Nos.15/2024, 16/2024, 24/2024
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2024:KER:92245
10 ABDUL GAFOOR
AGED 51 YEARS
S/O. ABDULLA AZEES, KOYANGADAN, MAMBAD AMSOM
DESOM, NILAMBUR TALUK, MALAPPURAM DISTRICT,,
PIN - 676542
11 ABIDALI P
AGED 48 YEARS
S/O. ABDUL AZEES, PUNNAPALA HOUSE, MAMBAD AMSOM
DESOM, NILAMBUR TALUK, MALAPPURAM DISTRICT,,
PIN - 676542
12 ABDU SALIM K
AGED 48 YEARS
S/O. ABDUL AZEES, KOYANGADAN, MAMBAD AMSOM
DESOM, NILAMBUR TALUK, MALAPPURAM DISTRICT,,
PIN - 676542
13 ABDUL AZEES E
AGED 45 YEARS
S/O. BEERAN, IDATHAN, MAMBAD AMSOM DESOM,
NILAMBUR TALUK, MALAPPURAM DISTRICT,, PIN -
676542
14 FAIZAL MON V P
AGED 41 YEARS
S/O. MUHAMMED .V.P, VALIYAPEEDIYAKKAL HOUSE,
MAMBAD AMSOM DESOM, NILAMBUR TALUK, MALAPPURAM
DISTRICT,, PIN - 676542
15 SIDHIKKALI V P
AGED 41 YEARS
S/O. MOYINKUTTY, VALIYAPEEDIYAKKAL HOUSE,
MAMBAD AMSOM DESOM, P.O. PULLIPADAM, NILAMBUR
TALUK, MALAPPURAM DISTRICT,, PIN - 676542
BY ADV
SRI.R.RAMADAS
SRI. JAMSHEED HAFIZ, SC, WAQF
CRP(WAKF) Nos.15/2024, 16/2024, 24/2024
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2024:KER:92245
THIS CRP (WAKF ACT) HAVING BEEN FINALLY HEARD ON
06.12.2024, ALONG WITH CRP(WAKF).16/2024, 24/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP(WAKF) Nos.15/2024, 16/2024, 24/2024
-5-
2024:KER:92245
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
FRIDAY, THE 6TH DAY OF DECEMBER 2024 / 15TH AGRAHAYANA,
1946
CRP(WAKF) NO. 16 OF 2024
AGAINST THE ORDER DATED 21.12.2023 IN WOA NO.62 OF
2019 OF WAKF TRIBUNAL, KOZHIKODE
PETITIONER(S)/APPLICANT:
VALIYA PEEDIYAKKAL HAIDER ALI
AGED 61 YEARS
S/O. V.P.C. MUHAMMED, VALIYA PEEDIYAKKAL HOUSE,
P.O. PULLIPPADAM, MAMPAD, MALAPPURAM,
PIN - 676542
BY ADVS.
P.A.ABDUL JABBAR
MUHAMMED SHAFFI
SHAHIM BIN AZIZ
EHLAS HALEEMA C.K.
RESPONDENT(S)/RESPONDENT:
CRP(WAKF) Nos.15/2024, 16/2024, 24/2024
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2024:KER:92245
1 THE KERALA STATE WAKF BOARD
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, VIP
ROAD, KALOOR, KOCHI., PIN - 682017
2 VALIYA PEEDIYEKKAL KUNHAHAMMED KUTTY
S/O. V.P.C. MUHAMMED, VALIYA PEEDIYEKKAL HOUSE,
MAMBAD AMSOM DESOM, NILAMBUR TALUK, MALAPPURAM,
PIN - 676542
THIS CRP (WAKF ACT) HAVING BEEN FINALLY HEARD ON
06.12.2024, ALONG WITH CRP(WAKF).15/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP(WAKF) Nos.15/2024, 16/2024, 24/2024
-7-
2024:KER:92245
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
FRIDAY, THE 6TH DAY OF DECEMBER 2024 / 15TH AGRAHAYANA,
1946
CRP(WAKF) NO. 24 OF 2024
REVISION PETITIONER(S)/PLAINTIFF:
V.P. KUNJAHAMMED KUTTY
AGED 73 YEARS
S/O V.P.C. MUHAMMED, MUTHAVALLI, PULLIPADAM
JUMA-ATH PALLI, VALIYAPEEDIYAKKAL HOUSE,
MAMBAD AMSOM DESOM, NILAMBUR TALUK, MALAPPURAM
DISTRICT, PIN - 676542
BY ADV R.RAMADAS
RESPONDENT(S)/DEFENDANTS:
1 MUHAMMED MUSTHAFA
AGED 43 YEARS
S/O VEERANKUTTY, KOMULLY HOUSE, MAMBAD AMSOM
DESOM, NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN
- 676542
2 HAIDAR ALI V.P.
AGED 64 YEARS
CRP(WAKF) Nos.15/2024, 16/2024, 24/2024
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2024:KER:92245
S/O V.P.C MUHAMMED, VALIYAPEEDIYAKKAL HOUSE,
MAMBAD AMSOM DESOM, NILAMBUR TALUK, MALAPPURAM
DISTRICT, PIN - 676542
3 ASHRAF P.P.
AGED 53 YEARS
S/O MUHAMMED GURUKKAL, PUNNAPALA HOUSE, MAMBAD
AMSOM DESOM, NILAMBUR TALUK, MALAPPURAM
DISTRICT, PIN - 676542
4 UMMER K.P.
AGED 56 YEARS
S/O CHEKKU MUHAMMED, MAMBAD AMSOM DESOM,
NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN -
676542
5 K. ABDUL GAFOOR
AGED 54 YEARS
S/O ALI HASSAN, KOMULLI HOUSE, MAMBAD AMSOM
DESOM, NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN
- 676542
6 SUBAIR K.P.
AGED 55 YEARS
S/O HASSAN KUTTY, KUNNATH PARAMBA HOUSE, MAMBAD
AMSOM DESOM, NILAMBUR TALUK, MALAPPURAM
DISTRICT, PIN - 676542
7 NIZAR PUNNAPALA
AGED 35 YEARS
S/O ABDUL LATHEEF P.P., PUNNAPALA HOUSE, MAMBAD
AMSOM DESOM, NILAMBUR TALUK, MALAPPURAM
DISTRICT, PIN - 676542
8 K. RASHEEDALI @ KUNJU
AGED 52 YEARS
S/O ABDULLA, KANGIRALA HOUSE, MAMBAD AMSOM
DESOM, NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN
- 676542
CRP(WAKF) Nos.15/2024, 16/2024, 24/2024
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9 ABDURAHIMAN K.P.
AGED 63 YEARS
S/O HASSANKUTTY, KUNNATH PARAMB HOUSE, MAMBAD
AMSOM DESOM, NILAMBUR TALUK, MALAPPURAM
DISTRICT, PIN - 676542
10 KERALA STATE WAQF BOARD
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, VIP
ROAD, KALOOR, KOCHI, PIN - 682017
11 ALI.K
AGED 69 YEARS
S/O ALAVI, KUNNUMAL HOUSE, P.O. PULLIPADAM,
MAMBAD AMSOM DESOM, NILAMBUR TALUK, MALAPPURAM
DISTRICT, PIN - 676542
12 KUNHIMUHAMMED
AGED 84 YEARS
S/O ALI VALLIKKAD, MAMBAD AMSOM DESOM, NILAMBUR
TALUK, MALAPPURAM DISTRICT, PIN - 676542
13 ABDUL RAZAK.P
AGED 63 YEARS
S/O ALI, PUNNAPPALA HOUSE, MAMBAD AMSOM DESOM,
NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN -
676542
14 P. SHOUKKATHALI
AGED 62 YEARS
S/O UNNIMUHAMMED, PANTHAR HOUSE, MAMBAD AMSOM,
NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN -
676542
15 ABDUL KAREEM
AGED 55 YEARS
S/O MUHAMMED GURUKKAL, KOYANGADAN, MAMBAD AMSOM
DESOM, NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN
- 676542
CRP(WAKF) Nos.15/2024, 16/2024, 24/2024
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2024:KER:92245
16 ABDUL GAFOOR
AGED 55 YEARS
S/O ABDUL AZEES, KOYANGADAN, MAMBAD AMSOM
DESOM, NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN
- 676542
17 ABIDALI.P
AGED 53 YEARS
S/O ABDUL AZEES, PUNNAPPALA HOUSE, MAMBAD AMSOM
DESOM, NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN
- 676542
18 ABDUSALIM.K
AGED 53 YEARS
S/O ABDUL AZEES, KOYANGADAN, MAMBAD AMSOM
DESOM, NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN
- 676542
19 ABDUL AZEES.E
AGED 50 YEARS
S/O BEERAN, IDATHAN, MAMBAD AMSOM DESOM,
NILAMBUR TALUK, MALAPPURAM DISTRICT, PIN -
676542
20 FAIZAL MON.V.P.
AGED 46 YEARS
S/O MUHAMMED V.P, VALIYAPEEDIYAKKAL HOUSE,
MAMBAD AMSOM DESOM, NILAMBUR TALUK, MALAPPURAM
DISTRICT, PIN - 676542
BY ADVS.
P.A.ABDUL JABBAR
MUHAMMED SHAFFI(K/1201/2012)
THIS CRP (WAKF ACT) HAVING BEEN FINALLY HEARD ON
06.12.2024, ALONG WITH CRP(WAKF).15/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP(WAKF) Nos.15/2024, 16/2024, 24/2024
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2024:KER:92245
JUDGMENT
[CRP(WAKF) Nos.15/2024, 16/2024, 24/2024] Amit Rawal , J.
1. This order shall dispose of three revision petitions bearing numbers C.R.P. (wakf) Nos.15 of 2024 and 24 of 2024 arising out of a common judgment dated 21.12.2023 in two suits, W.O.S. Nos.37 of 2019 and 81 of 2019 and C.R.P.No.16 of 2024 out of the judgment dated 21.12.2023 dismissing W.O.A No.62 of 2019 preferred by Valiya Peediyakkal Haider Ali. The claim in W.O.S. No.37 of 2019, filed by Sri.V.P.Kunjahammed Kutty, petitioner in C.R.P.(Wakf) No.24 of 2024, was for prohibitory injunction, restraining the defendant Nos.1 to 9 i.e., the respondents in the aforesaid C.R.P.(Wakf), from interfering in the management of the Wakf/Jama-ath known as Pullipadam Jama-ath Palli. The civil suit bearing number W.O.S. No.81 of 2019 was filed by the defendant CRP(WAKF) Nos.15/2024, 16/2024, 24/2024 -12- 2024:KER:92245 Nos.3 and 4 in W.O.S.No.37 of 2019 as plaintiff Nos.1 and 2 seeking declaration. Both the civil suits aforementioned, were dismissed by the tribunal vide common judgment dated 21.12.2023. W.O.A. No.62 of 2019 was filed by Valiya Peediyakkal Haider Ali against the plaintiff in W.O.S.No.37 of 2019, challenging the order of the Waqf Board dated 27.07.2017 approving the mutawalliship of the plaintiff in civil suit No.37 of 2019 and petitioner in C.R.P. No.24 of 2021, which was also dismissed.
2. Before we could deal with the controversy involved, we have been confronted with the judgment of the Hon'ble Supreme Court in S.V.Cheriyakoya Thangal Vs. S.V.P.Pookoya and Others in Civil Appeal No.4629 of 2024, wherein it has been held that the tribunal would not have the jurisdiction to entertain and set up the claim with regard to the mutawalliship and CRP(WAKF) Nos.15/2024, 16/2024, 24/2024 -13- 2024:KER:92245 management of the Board, as it vests with the Board only. Concededly, the suits aforementioned were filed and tried by the tribunal and not by the Board. In such circumstances, order of the Tribunal would be a nullity in the eyes of the law as per the ratio decidendi culled out in the judgment cited (supra). We extract the relevant portion of the same:
'9.Though arguments have been made at length, we are inclined to hold that the impugned order cannot be sustained in the eyes of law as the Waqf Board has rightly exercised the jurisdiction in exercise of power conferred under Section 32(2)(g) read with the definition under Section 3(i) which defines a 'Mutawalli'. We have also perused Section 83 sub-Sections (5) and (7) of the Act which deals with the powers of the Tribunal. The Waqf Tribunal is deemed to be a civil court having the same powers that can be exercised by the civil court under the Code of Civil Procedure, 1908. In other words, a dispute can be tried like a suit by the Waqf Tribunal. Under sub-section (7) of Section 83 of the Waqf Act, the decision of the Tribunal shall be final CRP(WAKF) Nos.15/2024, 16/2024, 24/2024 -14- 2024:KER:92245 and binding upon the parties and it shall have force of a decree made by a civil court.
10.The word 'competent authority' as mentioned in the definition clause contained in Section 3(i) makes the position further clear that it is the Waqf Board which has got the jurisdiction and not the Waqf Tribunal. After all, the Waqf Tribunal is only an adjudicating authority over a dispute while the Waqf Board is expected to deal with any issue pertaining to administration. The power of superintendence cannot be confined to routine affairs of a Waqf but it includes a situation where a dispute arises while managing the property and that would certainly include a right of a person to be a Mutawalli after all, it is the Mutawalli who does the job of administering and managing the Waqf.'
3. Concededly, the orders impugned would not be maintainable. Accordingly, we set aside the judgment of the tribunal in all the matters and relegate the same to the Board for de novo trial. Board is directed to treat W.O.A.62/2019 as a suit and decide the matter as CRP(WAKF) Nos.15/2024, 16/2024, 24/2024 -15- 2024:KER:92245 expeditiously as possible. Parties are at liberty to lead evidence and prove the case in accordance with law. Parties through their counsel are directed to appear before the Wakf Board on 13.01.2025.
Revision petitions stand disposed off.
Sd/-
AMIT RAWAL JUDGE Sd/-
K. V. JAYAKUMAR JUDGE vv CRP(WAKF) Nos.15/2024, 16/2024, 24/2024 -16- 2024:KER:92245 APPENDIX OF CRP(WAKF) 16/2024 PETITIONER ANNEXURES ANNEXURE- 1 COPY OF ORDER OF THE KERALA STATE WAQF BOARD PASSED IN PROCEEDINGS NO: A9- 1646/CR-2 DATED 27.7.2017.