Kerala High Court
Pangode Puthenpally Muslim Jama-Ath vs Kerala State Waqf Board on 23 October, 2025
Author: Anil K.Narendran
Bench: Anil K.Narendran
1
OP(WAKF)No.16 of 2025
2025:KER:79120
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
THURSDAY, THE 23RD DAY OF OCTOBER 2025 / 1ST KARTHIKA, 1947
OP (WAKF) NO. 16 OF 2025
PETITIONERS/APPLICANTS 1 AND 2 :
1 PANGODE PUTHENPALLY MUSLIM JAMA-ATH
REPRESENTED BY ITS SECRETARY, RAHIM S, AGED 57 YEARS S/O
SHAHUL HAMEED AJINS VILLA, MANKODE PANGODE PO NEDUMANGAD,
THIRUVANANTHAPURAM, PIN - 695006
2 RAHIM S,AGED 57 YEARS
S/O SHAHUL HAMEED SECRETARY AJINS VILLA, PANGODE
PUTHENPALLY MUSLIM JAMA-ATH MANKODE PANGODE PO NEDUMANGAD,
THIRUVANANTHAPURAM, PIN - 695006
BY ADVS.
SRI.C.R.SIVAKUMAR
SMT.BINI KRISHNA
SMT.ANJALI C.
SMT.NISHA MATHEW
RESPONDENTS/RESPONDENTS:
1 KERALA STATE WAQF BOARD
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER VIP ROAD,
KALOOR, KOCHI, PIN - 682017
2 ADV NAZEER HUSSAIN
RETURNING OFFICER, PANGODE PUTHENPALLY MUSLIM JAMA-ATH
PANDAPLAVIL VEEDU , P.B. NO. 710, KILIMANOOR
THIRUVANANTHAPURAM, PIN - 695601
SRI.JAMSHEED HAFIZ, SC, WAKF BOARD
THIS OP (WAKF) HAVING COME UP FOR ADMISSION ON 23.10.2025, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
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OP(WAKF)No.16 of 2025
2025:KER:79120
JUDGMENT
Muralee Krishna, J.
This original petition is filed by the petitioners under Article 227 of the Constitution of India, seeking the following reliefs:
"1. Direct the Hon'ble Wakf Tribunal, Kozhikode, to take up and dispose of I.A. No. 3 of 2025 in O.A. No. 170 of 2025 expeditiously within a time limit fixed by this Hon'ble Court.
2. Quash and set aside the order of the Kerala State Wakf Board dated 12.08.2025 (Ext.P4) and all consequential proceedings including Exts.P5 and P6.
3. Direct the Kerala State Wakf Board and the 2nd respondent not to interfere with the administration of the petitioner Jama-ath pending disposal of O.A. No. 170 of 2025 before the Wakf Tribunal, Kozhikode.
4. Declare that the elections conducted on 27.09.2024 to the Managing Committee of the Pangod Puthenpally Muslim Jama-ath are valid and binding, and that the committee so elected is entitled to continue in office".
2. Going by the averments in the original petition, the 1 st petitioner is Pangod Puthenpally Muslim Jama-ath, a registered wakf institution (Wakf Reg. No. 5113/RA) under the Kerala State Wakf Board, and the 2nd petitioner is its elected President. The petitioners constitute the duly elected Managing Committee of the 3 OP(WAKF)No.16 of 2025 2025:KER:79120 Jama-ath. Certain members, including one Nishad, had earlier filed O.P. No.2 of 2022 before the Kerala State Wakf Board after withdrawing a civil suit (O.S. No. 382 of 2021) before the Civil Court. Without conducting any proper enquiry or hearing the Jama-ath, the Board passed an order dated 03.10.2024 appointing the 2nd respondent, an Advocate, as Commissioner/Returning Officer to conduct elections to the petitioner Jama-ath. Meanwhile, elections to the Jama-ath had already been validly conducted on 27.09.2024 in accordance with the bye-laws, and the newly elected committee assumed charge. The petitioners duly informed the Wakf Board of the same. Aggrieved by the Board's unilateral decision, the petitioners approached the Wakf Tribunal, Kozhikode, by filing O.A. No.129 of 2024, challenging the Board's action. While the said proceedings were pending, the Kerala State Wakf Board, by the order dated 12.08.2025, arbitrarily declared the valid elections of 27.09.2024 as invalid, directed the conduct of fresh elections within two months, and reappointed the 2nd respondent as Returning Officer. The said order also restricted the powers of the elected committee 4 OP(WAKF)No.16 of 2025 2025:KER:79120 to day-to-day affairs and proposed an audit and possible supersession under the UMEED Act, 2025. Subsequently, the 2 nd respondent issued a communication on 03.10.2025 calling upon the petitioners to take steps for conducting fresh elections, to which the petitioners replied on 04.10.2025, strongly objecting to the illegal direction and asserting the validity of the existing committee. The petitioners approached this Court by filing W.P.(C) No.37138 of 2025. By the judgment dated 09.10.2025, this Court directed the petitioners to approach the Wakf Tribunal for appropriate relief. Accordingly, the petitioners filed O.A. No. 170 of 2025 before the Wakf Tribunal along with I.A. No. 3 of 2025 for a stay. However, it has been learnt that the Wakf Tribunal will remain non-functional till 21.10.2025. In the meanwhile, the impugned order is being implemented, causing serious prejudice to the petitioners and the elected committee. In these circumstances, the petitioners have no other efficacious remedy except to invoke the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, seeking interim protection till the Wakf Tribunal resumes functioning and considers their 5 OP(WAKF)No.16 of 2025 2025:KER:79120 pending interlocutory applications.
3. Heard the learned counsel for the petitioners and the learned Standing Counsel for the Kerala State Wakf Board. Considering the nature of the reliefs sought, issuance of notice to the 2nd respondent is dispensed with.
4. During the course of arguments, the learned counsel for the petitioners would submit that in pursuance to the liberty granted by this Court in Ext.P7 judgment dated 09.10.2025 in W.P.(C)No.37138 of 2025, the petitioners have approached the Wakf Tribunal, Kozhikode, by filing Ext.P8 original application under Section 83(2) of the Waqf Act, 1995. The petitioners have also filed an interlocutory application before the Tribunal as I.A. No.3 of 2025 seeking stay of operation and enforcement of the order impugned in that original application. There is a delay of 28 days in filing the original application before the Tribunal, and hence the petitioners have filed I.A.No.2 of 2025 to condone the said delay. Therefore, there is every possibility of causing delay in taking a decision by the Tribunal in the original application and the interlocutory application filed for stay, which will cause serious 6 OP(WAKF)No.16 of 2025 2025:KER:79120 prejudice to the petitioners.
5. The materials on record would show that the petitioners have previously approached this Court by filing W.P.(C)No.37138 of 2025 seeking reliefs under Article 226 of the Constitution of India, against Ext.P4 order dated 12.08.2025 passed by the Kerala State Wakf Board. The said writ petition was dismissed by this Court by Ext.P7 judgment, granting liberty to the petitioners to challenge the impugned order before the Wakf Tribunal in accordance with law. Now the petitioners have approached the Wakf Tribunal with Ext.P8 original application, however, with a delay of 28 days.
Having considered the pleadings and materials on record and the submissions made at the Bar, we find no ground to grant the reliefs sought in this original petition by exercising supervisory jurisdiction under Article 227 of the Constitution of India. The petitioners can raise all their legal and factual contentions against the impugned order before the Wakf Tribunal.
In the result, the original petition stands dismissed; however, making it clear that if the petitioners find any urgency to hear the 7 OP(WAKF)No.16 of 2025 2025:KER:79120 matter pending before the Wakf Tribunal, Kozhikode, they can move the Tribunal for early hearing of the matter with a request to serve notice to the respondents therein urgently through special messenger and in that event the learned Wakf Tribunal shall pass appropriate orders therein.
Sd/-
ANIL K.NARENDRAN, JUDGE Sd/-
sks MURALEE KRISHNA S., JUDGE 8 OP(WAKF)No.16 of 2025 2025:KER:79120 APPENDIX OF OP (WAKF) 16/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER DATED 03/10/2024 IN O.P. NO. 2/2022 OF THE 1ST RESPONDENT BOARD Exhibit P2 A TRUE COPY OF O.A. NO. 129/2024 FILED BEFORE HON'BLE WAQF TRIBUNAL, KOZHIKODE Exhibit P3 A TRUE COPY OF THE STAY PETITION WITH AFFIDAVIT IA NO963/2024 IN OA NO 129/2024
PENDING BEFORE HONBLE WAQF TRIBUNAL KOHIKKODE Exhibit P4 A TRUE COPY OF THE ORDER OF THE KERALA STATE WAQF BOARD DATED 12/08/2025 Exhibit P5 A TRUE COPY OF THE SAID COMMUNICATION DATED 03.10. 2025 Exhibit P6 A TRUE COPY OF THE REPLY DATED 04/10/2025 SUBMITTED BY THE PETITIONERS Exhibit P7 A TRUE COPY OF THE JUDGMENT W.P.(C) NO.
37138/2025 DATED 09/10/2025 Exhibit P8 A TRUE COPY OF THE SAID O.A. NO 170/2025 AND CONNECTED APPLICATIONS FILED ON 11/10/2025 Exhibit P9 A TRUE COPY OF THE FIR NO 99/2025 OF KILIMANOOR POLICE STATION DATED 13/01/2025