In this writ petition, the High Court, noting the availability of an effective statutory appeal under Sections 69(3) and 83(2) of the Waqf Act, 1995, held that there were no special circumstances to exercise its original jurisdiction under Article 226 of the Constitution and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
&
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
FRIDAY, THE 06TH DAY OF DECEMBER 2019 / 15TH AGRAHAYANA, 1941
WP(C).No.33332 OF 2019(N)
AGAINST THE ORDER IN EP NO.3281/2019 OF KERALA STATE WAKF BOARD, ERNAKULAM
PETITIONERS:
1 E.P.SALIM,
AGED 50 YEARS,
S/O.LATE PAREED HAJI, ERAKKATTIL, CHANGAMPUZHA
NAGAR.P.O., UNITY ROAD, KOCHI-682033.
2 K.M.JALAL,
AGED 62 YEARS,
S/O.LATE MOHAMMED HAJI, KUMMANCHERYIL HOUSE, CHANGAMPUZHA NAGAR.P.O., UNITY ROAD, KOCHI-682033.
BY ADVS.SRI.P.CHANDRASEKHAR
SRI.K.K.MOHAMED RAVUF
SRI.D.SREEKANTH
SHRI. ANOOP KRISHNA
RESPONDENTS:
1 KERALA STATE WAKF BOARD, VIP ROAD, KALOOR, KOCHI-682017, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
NAGAR.P.O., UNITY ROAD, KOCHI-682033.
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5 ABDUL SALAM.K.A., KUDIYIRIKKAL HOUSE, NEW ROAD, KUDIYIRIKATTHAZHAM, CHANGAMPUZHA NAGAR.P.O., PATHADIPALAM, KOCHI-682033.
8 HASSINAR.K.P., KIZHAKKEKARA HOUSE, NEW ROAD, CHANGAMPUZHA NAGAR.P.O., KUDIYIRIKATHAZHAM, KOCHI-682033.
| 9 | MOOZA.K.H., KANJIRATHINGAL HOUSE, VAIKOM MUHAMMED BASHEER ROAD, CHANGAMPUZHA NAGAR.P.O., PATHADIPALAM, KOCHI- 682033. |
|---|---|
| 10 | ABDUL AZEEZ.N.A., NEERUNGAL HOUSE, CHANGAMPUZHA NAGAR.P.O., KUNDEPPADAM, KOCHI-682033. |
| 11 | NAZEER.P.Y., PALAKKAMATTOM HOUSE, NEW ROAD, CHANGAMPUZHA NAGAR.P.O., KOCHI-682033. |
| 12 | P.K.ABDUL RAHIMAN HAJI (MUTHAVALLI), PERIYANKUNNATH HOUSE, CHANGAMPUZHA NAGAR, KOCHI- 682033. |
| 13 | K.P.NAZAR, KUDIYIRIKKAL HOUSE, CHANGAMPUZHA NAGAR.P.O., KOCHI- 682033. |
| 14 | K.E.ABDUL SALIM, KIZHAKKE ANJIKKATH HOUSE, CHANGAMPUZHA NAGAR.P.O., KOCHI-682033. |
| 15 | K.E.ABDULLA, KIZHAKKE ANJIKKATH HOUSE, CHANGAMPUZHA NAGAR.P.O., KOCHI-682033. |
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16 ABDUL GAFOOR, PERIYANKUNNATH HOUSE, CHANGAMPUZHA NAGAR.P.O., KOCHI-682033. 17 ABDUL SALAM.N.A., NEDUMPURATH HOUSE, CHANGAMPUZHA NAGAR.P.O., KOCHI682033. 18 ANWAR.K.H., KOONATHPARAMBIL HOUSE, CHANGAMPUZHA NAGAR.P.O., KOCHI-682033. 19 ABDUL KAREEM.K.M., KALLARAKKAL HOUSE, AKG ROAD, EDAPPALLY TOLL, KOCHI682024.
OTHER PRESENT:
SC,WAQF BOARD- SRI. T.P.SAJID
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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C.K.ABDUL REHIM & T.V. ANILKUMAR ,JJ. = = = = = = == = = = = = = = = = = = = = = = W.P.(C) No.33332 of 2019
J U D G M E N T
C.K.ABDUL REHIM, J.
Challenge in this writ petition is against Ext.P6 order passed by the 1st respondent- Board. We notice that, as per Section 69(3) of the Waqf Act, 1995, any person aggrieved by an order made by the Board under that Section is entitled to prefer an appeal to the Tribunal. We also take note of the fact that, there is a general provision of appeal provided for challenging any of the orders of the Waqf Board before the Tribunal, as contemplated under Section 83(2) also. Since effective statutory remedy is available to the petitioners, there exists no special circumstances to invoke the extraordinary original jurisdiction vested on this Court under Article 226 of the Constitution of India.
Hence, the above writ petition is hereby dismissed by
W.P.(C).No.33332/2019
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reserving liberty to the petitioners to challenge Ext.P6 order before the Waqf Tribunal, in appropriate proceedings.
Sd/-
C.K.ABDUL REHIM
JUDGE
Sd/-
T.V. ANILKUMAR
JUDGE
DST
W.P.(C).No.33332/2019
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APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 11.03.2016 IN CRP (WAKF)NO.669 OF 2015. EXHIBIT P2 TRUE COPY OF THE EXTRACT OF REGISTER OF WAKF RELATING TO PUTHUPALLIPURAM NISHARA PALLI. EXHIBIT P3 TRUE COPY OF THE REGISTERED WAKF DEED DATED 28TH KARKIDAKAM 1122 (ME). EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 13.11.2017 OF 1ST RESPONDENT. EXHIBIT P5 A TRUE COPY OF THE APPEAL MEMORANDUM IN WOA.NO.7/2019. EXHIBIT P6 TRUE COPY OF THE ORDER DATED 9.10.2019 IN E.P.NO.(A2) 3281/CR.
2 issues framed by the court
Whether the extraordinary original jurisdiction under Article 226 of the Constitution can be invoked when an effective statutory remedy exists.
Whether an appeal lies under Section 69(3) of the Waqf Act, 1995 against the impugned order of the Board.
3 provisions across 2 enactments
E.P.SALIM
K.M.JALAL
KERALA STATE WAKF BOARD
C.K.ABDUL REHIM
T.V.ANILKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
