The High Court of Kerala dismissed a writ petition challenging an order passed by the Waqf Board on issues pending in a civil suit. The Court held the Board did not usurp jurisdiction and allowed remedies via the civil suit.
Writ petition is dismissed. Petitioner to move appropriate application in pending suit for proper relief.
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 S.V.BHATTI
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA,
1944
W.P.(C) NO.41578OF 2022
PETITIONER:
U. MUHAMMEDKUTTY, AGED 64 YEARS, S/O.HYDRU,
OZHUR AMSOM, THALAKATTOOR DESOM,
P.O. OZHUR, TIRUR TALUK,
MALAPPURAM DISTRICT, PIN – 676 307
BY ADV K.K.MOHAMED RAVUF
RESPONDENTS:
1M.T. HANEEFA SAQUAFI,
S/O.ALAVI, THALAKKATTOOR, P.O. OZHUR,
MALAPPURAM DISTRICT, PIN – 676 307
2THE KERAKA STATE WAQF BOARD,
V.I.P. ROAD, KALOOR, ERNAKULAM, PIN – 682 017
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER
BY ADV JAMSHEED HAFIZ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.41578/2022
2
JUDGMENT
(Dated: 21st December, 2022)
S.V.Bhatti, J.
Adv.K.K.Mohamed Ravuf made a few submissions at the
full of his vigour to convince this Court that the order made in Ext.P8 warrants interference of this Court under Article 226 of the constitution of India. The reason in support of the said contention is that, in the case on hand, the Board is not only trying to usher the jurisdiction but also deciding the issues
which are pending in O.S.No.209 of 2021.
We take note of the forceful argument made by
Adv.K.K.Mohamed Ravuf. We are of the view that the Board in
its armchair felt that it could consider the application moved before it and pass an order. The mere passing of the order itself cannot be understood either as shutting out the remedies available to the petitioner or that the Board has usurped the
W.P.(C) No.41578/2022
3
jurisdiction or deciding the lis pending in O.S.No.209 of 2021. After perusing the record, we are of the view that the petitioner is before the competent court by filing, O.S.No.209 of 2021, renumbered as O.S.No.47 of 2022. We are of the view that the petitioner can certainly move an appropriate application in the pending suit for proper relief and we have no hesitation in observing that the court having jurisdiction in the matter will decide all the prayers in accordance with law.
With the above observation, the writ petition is dismissed.
Sd/- S.V.BHATTI, JUDGE
Sd/-
ss
W.P.(C) No.41578/2022
4
APPENDIX OF WP(C) 41578/2022
PETITIONER EXHIBITS:
Exhibit |
P-1TRUECOPYOFTHEPLAINTINO.S.NO.209/2021 FILED BY THE PETITIONER BEFORETHE MUNSIFF COURT, TIRUR |
|---|---|
Exhibit |
P-2TRUE COPY OF THE ORDER DATED 29.09.2021 INO.S.NO.209/2021 OF MUNSIFF COURT, TIRUR |
Exhibit |
P-3TRUE COY OF THE REPORT OF THE COMMISSIONERDATED 18.10.2021 IN O.S.NO.209/2021 OFMUNSIFF COURT, TIRUR |
Exhibit |
P-4TRUE COPY OF THE WRITTEN STATEMENT FILEDBYTHERESPONDENTSINO.S.NO.47/2022BEFORE THE WAKF TRIBUNAL, KOZHIKODE |
Exhibit |
P-5TRUECOPYOFTHEAPPLICATIONDATED1.11.2021 FILED BY THE SECRETARY OF THETHAKKATTOOR MAHALLU JAMA ATH COMMITTEE TOTHEDIVISIONALOFFICER,WAKFBOARD,MANJERI. |
Exhibit |
P-6TRUE COPY OF I.A. NO.176/2022 FILED BY THE1ST RESPONDENT IN O.P. NO.239/2018 BEFORETHE 2ND RESPONDENT ON 22.09.2022 |
Exhibit |
P-7TRUE COPY OF THE COUNTER DATED 10.10.2022FILEDBYTHEPETITIONERINI.A.NO.176/2022 IN O.P.NO.239/2018 BEFORE THE 2NDRESPONDENT. |
Exhibit |
P-8TRUE COPY OF THE ORDER DATED 12.10.2022 INI.A. NO.176/2022 IN O.P.NO.239/2018 OF THE2ND RESPONDENT. |
2 issues framed by the court
Whether this Court should interfere under Article 226 since the Waqf Board passed an order on issues pending in the pending O.S.
Whether the Board usurped jurisdiction or decided the lis pending in O.S.No.209 of 2021.
1 provisions across 1 enactments
U. MUHAMMEDKUTTY
MT. HANEEFA SAQUAFI
THE KERAKA STATE WAQF BOARD
S.V. BHATTI
BASANT BALAJI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court