Disposed

Habeeb P, v. the Kerala State Waqf Board, Represented by Its Chief Executive Officer

Kerala HC28 Nov 2022WP(C)/38064/2022

Case brief

AI extract

What is this about?

High Court of Kerala disposed of a writ petition challenging an order by the Kerala State Wakf Board regarding the election of the managing committee of a mosque. The court directed petitioners to approach the Tribunal within one week, maintaining status quo in the interim.

What did the court decide?

One week time granted to move the Tribunal to challenge the impugned order; status quo maintained during this period.

Habeeb P, Vs the Kerala State Waqf Board… — Writ and Judicial Review | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE S.V.BHATTI

¶4

¶5

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶6

MONDAY, THE 28^TH DAY OF NOVEMBER 2022 / 7TH AGRAHAYANA, 1944 WP(C) NO. 38064 OF 2022

¶7

PETITIONER/S:

¶8

1 HABEEB P AGED 48 YEARS S/O KOYA, PUTHIYOTTIL HOUSE, ERAVANNUR DESOM, PULLALOOR DESOM, KOZIKODE TALUK, KOZIKODE DISTRICT, PIN - 673585

¶9

2 K. M. ASSAIN AGED 62 YEARS S/O. THARUVAI, PARAPPARAMMAL HOUSE, ERAVANNUR DESOM, PULLALOOR DESOM, KOZIKODE TALUK, KOZIKODE DISTRICT, PIN - 673585

¶10

BY ADVS. VAISAKHI V. BABU KARUKAPADATH M.A.VAHEEDA BABU P.U.VINOD KUMAR ARYA RAGHUNATH T.M.MUHAMMED MUSTHAQ KARUKAPADATH WAZIM BABU P.LAKSHMI AYSHA E.M.

¶11

RESPONDENT/S:

¶12

1 THE KERALA STATE WAQF BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER VIP ROAD, KALOOR, PIN - 682017 2 PULLALOOR PARAPPARA JUMA MASJID MAHALLU COMMITTEE, REPRESENTED BY ITS PRESIDENT PULLALOOR, P. O. PARANNUR, VIA, NARIKKUNI, KOZHIKODE DISTRICT, PIN - 673585

¶13

WP(C) NO. 38064 OF 2022

¶14

-2-

¶15

3 K. P. MOHAMMED HAJI AGED 66 YEARS S/O. ABDULLA, KOZHIPARAMBATH HOUSE, PARANNUR P.O., ERAVANNUR DESOM, PULLALOOR DESOM, NARIKKUNI, KOZHIKODE TALUK, KOZHIKODE, PIN - 673585

¶16

4 MUHAMMED HAJI C AGED 78 YEARS S/O. KUNHIPPERI HAJI, THACHOOR, PULLALOOR, PARANNUR P.O., ERAVANNUR DESOM, PULLALOOR DESOM, KOZHIKODE TALUK, KOZHIKODE, PIN - 673585

¶17

5 KHADER K. P AGED 73 YEARS S/O. THARUVAI, KOZHIPARAMBATH MEETHAL, PULLALOOR, PARANNUR P.O., ERAVANNUR DESOM, PULLALOOR DESOM, KOZHIKODE TALUK, KOZHIKODE, PIN - 673585

¶18

6 MUHAMMED C

¶19

AGED 65 YEARS S/O. AHAMMED HAJI, CHOVVANCHERI MEETHAL, PULLALOOR, PARANNUR P.O., ERAVANNUR DESOM, PULLALOOR DESOM, KOZHIKODE TALUK, KOZHIKODE, PIN - 673585

¶20

7 ABOOBACKER MUSLIYAR K. M AGED 71 YEARS

¶21

S/O. ATHRMAN, VAZHAKKUNNATH, PULLALOOR, PARANNUR P.O., ERAVANNUR DESOM, PULLALOOR DESOM, KOZHIKODE TALUK, KOZHIKODE, PIN - 673585

¶22

8 ABOOBACKER N AGED 47 YEARS S/O. ATHRMAN, NARYACHALIL, PULLALOOR, PARANNUR P.O., ERAVANNUR DESOM, PULLALOOR DESOM, KOZHIKODE TALUK, KOZHIKODE, PIN - 673585

¶23

9 ALI K. P AGED 72 YEARS S/O. ABDULLA, CHALIKKIPARAMBATH, PULLALOOR, PARANNUR P.O., ERAVANNUR DESOM, PULLALOOR DESOM, KOZHIKODE TALUK, KOZHIKODE, PIN - 673585

¶24

WP(C) NO. 38064 OF 2022

¶25

-3-

¶26

10	THARUVAIKUTTI K AGED 73 YEARS S/O. AHAMED, NELLOOLIPOYIL, PULLALOOR, PARANNUR P.O., ERAVANNUR DESOM, PULLALOOR DESOM, KOZHIKODE TALUK, KOZHIKODE, PIN - 673585
11	UMMER KOYA N. C AGED 82 YEARS S/O. AMMADALI, NARYACHALIL, PULLALOOR, PARANNUR P.O., ERAVANNUR DESOM, PULLALOOR DESOM, KOZHIKODE TALUK, KOZHIKODE, PIN - 673585
12	MUHAMMED K AGED 69 YEARS S/O. KUNHIPPERI, AREEKKARAPOYIL, PULLALOOR, PARANNUR P.O., ERAVANNUR DESOM, PULLALOOR DESOM, KOZHIKODE TALUK, KOZHIKODE, PIN - 673585
13	MUHAMMED V. K AGED 64 YEARS
	S/O. ASSAIN, EDAPPANATHAZHAM, PULLALOOR, PARANNUR
	P.O., ERAVANNUR DESOM, PULLALOOR DESOM, KOZHIKODE
	TALUK, KOZHIKODE, PIN - 673585
14	ABDUL JABBAR AGED 55 YEARS
	S/O. AMMADALI, ARUTHARUKANDIYI, PULLALOOR, PARANNUR P.O., ERAVANNUR DESOM, PULLALOOR DESOM,
	KOZHIKODE TALUK, KOZHIKODE, PIN - 673585
15	MUHAMMED K. K AGED 57 YEARS
	S/O. ABOOBACKER, KURUKKAN KUNNUMMAL, PULLALOOR, PARANNUR P.O., ERAVANNUR DESOM, PULLALOOR DESOM,
	KOZHIKODE TALUK, KOZHIKODE, PIN - 673585
16	V. P. ABDUL GAFOOR AGED 53 YEARS S/O. ATHRMAN KUTTY, VADAKKEPURAYIL HOUSE,
	ERAVANNUR DESOM, PULLALOOR DESOM, KOZIKODE TALUK,
	KOHZIKODE DISTRICT, PIN - 673585

¶27

WP(C) NO. 38064 OF 2022

¶28

	-4-
17	C. ABDURAHIMAN MASTER AGED 59 YEARS S/O. C. AHAMED MASTER, AFEEF MANZIL, P.O. PARANNUR, NARIKKUNI VIA,KOZHIKODE DISTRICT, PIN - 673585
18	V. MOIDEEN KUTTY MASTER AGED 60 YEARS S/O. KUNHIKKOYA VILIPAVIL, VILIPAVIL HOUSE, P. O. PARANNUR, NARIKKUNI VIA, KOZHIKODE DISTRICT, PIN - 673585
	BY SC,SRI JAMSHEED HAFIZ
THIS	WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION	ON 28.11.2022, THE COURT ON THE SAME DAY
DELIVERED	THE FOLLOWING:

¶29

WP(C) NO. 38064 OF 2022

¶30

-5-

¶31

S.V.BHATTI & BASANT BALAJI, JJ.

¶32

- - - - -- - - -- - - - - - - - - - -- - - - - - - - - W.P.(C) NO. 38064 OF 2022

¶33

¶34

JUDGMENT

¶35

(Dated this the 28^th day of November 2022)

¶36

Basant Balaji J.,

¶37

The petitioners are members of Pullaloor Parappara Juma Masjid/Jama-ath. The Jama-ath is having a registered bye-law. For the last several years no proper general body or election was conducted to managing committee of the wakf. The petitioners along with 15^th respondent filed O.P.No.47 of 2021 before the Wakf Board for conducting

¶38

an election to the managing committee of the wakf. In the course of the proceedings, a settlement was arrived,

¶39

wherein persons from 2 groups are to be selected as

¶40

members of the working committee/executive committee.

¶41

WP(C) NO. 38064 OF 2022

¶42

-6-

¶43

On the basis of the terms of the compromise the Wakf board passed Ext.P4 order dated 22.6.2022 which is

¶44

extracted as follows:

¶45

“Matter settled between the parties. They have filed members list, and the executive members list from both groups jointly. Razi recorded. Present committee is directed to convene the general body meeting within one month and he shall report the place and date of general body to the Divisional Officer and Divisional Officer is directed to depute an officer as an observer for attending the general body. For report of the observer 11.08.2022.”

¶46

As per the order, the present committee was

¶47

directed to convene the General Body within one month and the Divisional Officer was directed to depute an Officer as an Observer for attending the general body. A Wakf Inspector was appointed as the Observer in tune with

¶48

Ext.P4 order. A general body was conducted on 10.8.2022

¶49

WP(C) NO. 38064 OF 2022

¶50

and the list of working committee was approved. Thereafter, the observer submitted a reported dated 11.8.2022 with the minutes of the general body to the Wakf Board. In the meanwhile respondent Nos.4,7,9 and 11 filed a petition as I.A. No.155 of 2022 in O.P.No.47 of 2021 with a prayer to elect President, one Vice President, one Joint Secretary and Treasurer from the nominees of EK Group and General Secretary, one vice president and one Joint secretary from the nominees of AP Group. The Wakf Board, thereafter passed another order on 31.8.2022 appointing one Wakf Inspector as observer for attending a meeting to be held on 31.8.2022. This Petition is filed for quashing Ext.P10 order dated 9.11.2022 in O.P.No.47 of 2021 of the Kerala State Wakf Board, whereby the Board, invoking power under Section 32 of the Waqf Act decided

¶51

WP(C) NO. 38064 OF 2022

¶52

-8-

¶53

to approve the member list on the basis of the mediation as

¶54

approved by the Board Minutes meeting held 22.6.2022.

¶55

On 25.11.2022, when the case came up for

¶56

admission, we directed production of records and the learned standing counsel has placed the records for our perusal. On perusing the records we note that this is a case where it cannot be completely said that without just and proper reasons, the Writ Petition is filed before this court under Article 226 of the Constitution of India. We note that the matter requires detailed consideration on various issues of fact. Hence, we are of the considered opinion that the petitioners should avail the remedy of appeal before the Tribunal and in order to avail of the remedy we grant one week time from today to the petitioners to move the Tribunal. We have heard Sri. Jamsheed Hafiz, the standing

¶57

WP(C) NO. 38064 OF 2022

¶58

-9-

¶59

counsel for the first respondent also on maintaining status quo as on today for a period of one week. The statement of the standing counsel is placed on record.

¶60

Accordingly, the Writ Petition is disposed of with the following direction:

¶61

The petitioners are granted one weeks from today to move the Tribunal to challenge the order impugned in this petition. Till such time the status quo as on today shall be maintained.

¶62

¶63

S.V.BHATTI,JUDGE

¶64

sd BASANT BALAJI, JUDGE

¶65

dl/

¶66

WP(C) NO. 38064 OF 2022

¶67

-10-

¶68

APPENDIX OF WP(C) 38064/2022

¶69

PETITIONER EXHIBITS

¶70

Exhibit P1	A TRUE COPY OF THE PETITION DATED 10/11/2021 SUBMITTED BY THE PETITIONERS AND THE 15TH RESPONDENT TO THE WAQF BOARD WHICH IS NUMBERED AS OP. NO. 47/2021 ON ITS FILE
Exhibit P2	A TRUE COPY OF THE LIST OF WORKING COMMITTEE/EXECUTIVE COMMITTEE DATED 22/06/2022 SUBMITTED ON COMPROMISE
Exhibit P3	A TRUE COPY OF THE LIST OF THE GENERAL BODY MEMBERS OF THE PULLALOOR PARAPPARA JUMA MASJID/JAMA-ATH DATED 21/06/2022 OBTAINED BY THE PETITIONERS UNDER THE RIGHT TO INFORMATION ACT
Exhibit P4	A TRUE COPY OF THE ORDER DATED 22/06/2022 PASSED BY THE WAQF BOARD IN O. P. NO. 47/2021
Exhibit P5	A TRUE COPY OF THE ORDER DATED 21/07/2022 ISSUED BY THE DIVISIONAL OFFICER OF KERALA STATE WAQF BOARD, APPOINTING MR. K. SHAFI, WAQF INSPECTOR AS THE OBSERVER IN TERMS OF EXHIBIT P4
Exhibit P6	A TRUE COPY OF THE INTERIM ORDER DATED 08/08/2022 IN WP(C) NO. 25340/2022 OF THIS HON'BLE COURT ORDERING POLICE PROTECTION FOR CONDUCTED GENERAL BODY
Exhibit P7	A TRUE COPY OF THE REPORT DATED 11/08/2022 ALONG WITH THE MINUTES OF THE GENERAL BODY DATED 10/08/2022 SUBMITTED BY THE OBSERVER TO THE WAQF BOARD, WHICH THE PETITIONERS OBTAINED UNDER THE RTI ACT

¶71

WP(C) NO. 38064 OF 2022

¶72

	-11-
Exhibit	P8 A TRUE COPY OF THE RELEVANT PARTS OF THE BY-LAW OF THE PULLALOOR PARAPPARA JUMA MASJID/JAMA-ATH ALONG WITH ITS LEGIBLE COPY
Exhibit	P9 A TRUE COPY OF THE IA NO. 155/2022 DATED 31/08/2022 IN OP NO. 47/2021 ON THE FILE OF THE WAQF BOARD FOR DIRECTION TO ELECT THE OFFICE BEARERS FROM THE RESPECTIVE GROUPS
Exhibit	P10 A TRUE COPY OF THE ORDER DATED 31/08/2022 IN OP NO. 47/2021 OF THE WAQF BOARD APPOINTING MR. K. SHAFI, WAQF INSPECTOR, AS OBSERVER FOR THE MEETING ON 31/08/2022 FOR ELECTING THE OFFICE BEARERS
Exhibit	P11 A TRUE COPY OF THE NOTICE DATED 19/11/2022 ISSUED BY THE DIVISIONAL OFFICER FOR CONVENING THE MEETING OF THE WORKING COMMITTEE /EXECUTIVE COMMITTEE ON 29/11/2022
Exhibit	P12 A TRUE COPY OF THE PROCEEDINGS OF THE WAQF BOARD IN OP NO. 47/2021 OBTAINED BY THE PETITIONERS UNDER THE RTI ACT

Habeeb P, v. the Kerala State Waqf Board, Represented by Its Chief Executive Officer

Case brief

What is this about?

What did the court decide?

Habeeb P, v. the Kerala State Waqf Board, Represented by Its Chief Executive Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

K.G.Rejimon Vs State of Kerala

Indira Devi.a.v Vs State of Kerala

P.M.Sankaran Vs State of Kerala

P. Abdul Rahim Vs Balussry Mahallu Jumyat

M/S.Modern Sanitary, Vs State of Kerala

The State of Kerala, Vs Hotel Veeyemmar International Pvt. Ltd.