Kerala High Court
Muhammed Musthafa vs The State Of Kerala on 27 August, 2025
Author: Amit Rawal
Bench: Amit Rawal
2025:KER:66031
WP(C) NO. 32525 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN
WEDNESDAY, THE 27TH DAY OF AUGUST 2025 / 5TH BHADRA, 1947
WP(C) NO. 32525 OF 2025
PETITIONER(S):
1 MUHAMMED MUSTHAFA,
AGED 53 YEARS
S/O AYAMU, VALIYAPALAM HOUSE, EDAPPALAM P.O.,
THIRUVEGAPPURA, PALAKAD DISTRICT -, PIN - 679308
2 MUHAMMED KUTTY KORADAN
AGED 62 YEARS, S/O KUNJAMMU, KORADAN HOUSE,
EDAPPALAM P.O., VILAYOOR VILLAGE,
PALAKKAD DISTRICT -, PIN - 679308
3 UNNENKUTTY
AGED 60 YEARS
S/O SAITH, MADAMBATHODI HOUSE,
EDAPPALAM P.O., VILAYOOR VILLAGE,
PALAKKAD DISTRICT -, PIN - 679308
4 HIDAYATHULA E.K
AGED 44 YEARS
EDATHOYIL KAKKASSERRY HOUSE, EDATHALAM P.O.
VILAYOOR VILLAGE, PALAKKAD DISTRICT -,
PIN - 679308
5 ABOOBACKER K.K
AGED 52 YEARS
S/O HAMSA, EDAPPALAM P.O., VILAYOOR VILLAGE,
PALAKKAD DISTRICT, PIN -, PIN - 679308
2025:KER:66031
WP(C) NO. 32525 OF 2025
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BY ADVS.
SRI.R.ANAS MUHAMMED SHAMNAD
SRI.T.U.SUJITH KUMAR
SHRI.SALEEK.C.A.
SHRI.ANAS V.
SHRI.HAMDAN MANSOOR K.
RESPONDENT(S):
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF GENERAL EDUCATION,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - PIN - 695001
2 P.M.S.A. POOKKOYA THANGAL MEMORIAL YATHEEMKHANA
REPRESENTED BY ITS SECRETARY, V.P. ABDUL HAMMED,
AGED 61 YEARS, S/O MUHAMMED KUTTY,
VALYAPALATHINGAL (H), EDAPPALAM P.O.,
NADUVATTOM, VILAYOOR VILLAGE,
PALAKKAD DISTRICT -, PIN - 679308
3 THE MANAGER,
PTMYHSS EDAPPALAM, EDAPPALAM P.O.,
NADUVATTAM (VIA), PALAKKAD -, PIN - 679308
4 THE KERALA STATE WAQF BOARD,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
V.I.P. ROAD, KALOOR, KOCHI, PIN - 682017
SRI JAMSHEED HAFIZ SC WAQF
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.08.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:66031
WP(C) NO. 32525 OF 2025
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JUDGMENT
Amit Rawal, J.
The present writ petition is filed by the beneficiaries of the 2nd respondent - P.M.S.A. Pookkoya Thangal Memorial Yatheemkhana, which has a higher secondary school, mosque, madrassa and Hiflul Quran College. In respect of serious irregularities in the administration, financial mismanagement and lack of transparency, petitioners have already approached the Kerala State Wakf Board by preferring O.P.No.120 of 2025 in the absence of any bye- laws for framing of the scheme for the proper management and administration of the 2nd respondent - Wakf. In the aforementioned O.P., I.A.No.128 of 2025 was filed seeking a restraint order, wherein, vide order dated 08.04.2025, Wakf Board has restrained the 2nd respondent not to alienate the properties belonging to the Wakf. However, during the pendency of the aforementioned, the same very Manager 2025:KER:66031 WP(C) NO. 32525 OF 2025 4 has come out with an advertisement dated 23.04.2025. The school is an aided one and there is a likelihood of adopting favoritism in filling the post, though interviews have already been conducted in the last week and in this regard, filed Ext.P6 I.A.No.316 of 2025, notice has been issued therein and the matter is listed for 17.09.2025. Only there is an apprehension that by that time the process of selection would be made, therefore has approached this Court.
2. Issue notice before admission. Sri.Jmasheed Hafiz accepts notice for the Kerala State Wakf Board.
3. We do not not deny the factum of submission of application for interim stay in the pending O.P. but informed that it is listed for 17.09.2025. There is almost three weeks, thus we deem it appropriate to direct the Wakf Board to prepone the date of hearing by giving notices to the petitioners and the affected parties i.e., the respondent No.2 in the writ petition, for consideration of the application Ext.P6 akin to the prayer made in the present writ petition.
2025:KER:66031 WP(C) NO. 32525 OF 2025 5 Till such time, the final appointment order shall not be issued.
Writ petition stands disposed of.
Sd/-
AMIT RAWAL JUDGE Sd/-
P. V. BALAKRISHNAN JUDGE nak 2025:KER:66031 WP(C) NO. 32525 OF 2025 6 APPENDIX OF WP(C) 32525/2025 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF O.P. NO.120/2025 FILED BY THE PETITIONERS BEFORE THE 4TH RESPONDENT, DATED 08.04.2025 ALONG WITH ITS ENGLISH TRANSLATION EXHIBIT P2 TRUE COPY OF THE ORDER DATED 08.04.2025 IN I.A. NO.128/2025 IN O.P. NO.120/2025 PASSED BY THE 4TH RESPONDENT KERALA STATE WAQF BOARD EXHIBIT P3 TRUE COPY OF THE ORDER DATED 08.04.2025 IN I.A. NO.129/2025 PASSED BY THE 4TH RESPONDENT KERALA STATE WAQF BOARD EXHIBIT P4 TRUE COPY OF THE NEWSPAPER ADVERTISEMENT PUBLISHED IN CHANDRIKA DAILY, DATED 23.04.2025 BY THE 3RD RESPONDENT EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 4TH PETITIONER BEFORE THE 1ST RESPONDENT ALONG WITH POSTAL RECEIPT OF REGISTERED LETTER DATED 17.06.2025 ADDRESSED TO STATE OF KERALA EXHIBIT P6 A TRUE COPY OF THE IA 316/2025 FILED IN OP 120/2025 BEFORE THE HON'BLE KERALA STATE WAQF BOARD DATED 12.08.2025 FILED BY THE PETITIONERS