2025:KER:23348 WP(C) NO. 6463 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR TUESDAY, THE 18TH DAY OF MARCH 2025 / 27TH PHALGUNA, 1946 WP(C) NO. 6463 OF 2025 PETITIONER(S): 1 M.P. ISMAIL AGED 58 YEARS, S/O ABDURAHIMAN, RESIDING AT AYISHA MANZIL’, P.O. KALLIASSERI, KALLIASSERI AMSOM DESOM, KANNURIAI, PIN - 670562 2 SHADULI K.M, AGED 70 YEARS, S/O ASSAINAR, RESIDING AT ‘THANJOOS’, POST KALLASSERI, KANNUR, PIN - 670562 BY ADV R.RAMADAS RESPONDENT(S): 1 KERALA STATE WAQF BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, V.I.P. ROAD, KALOOR, KOCHI, PIN - 682017 2 THE DIVISIONAL OFFICER KERALA STATE WAQF BOARD, DIVISIONAL OFFICE, KANNUR, PIN - 670012 3 MANGAD NOORUL HIDAYA COMMITTEE MANGAD JUMA ATH, P.O. KALLIASSERI, KANNUR DISTRICT, REPRESENTED BY ITS SECRETARY., PIN - 670562 2025:KER:23348 WP(C) NO. 6463 OF 2025 2 4 THE SECRETARY MANGAD NOORUL HIDAYA COMMITTEE, MANGAD JUMA ATH, P.O. KALLIASSERI, KANNUR DISTRICT, PIN - 670562 BY ADVS. FIROZ K.M. SRI JAMSHEED HAFIZ SC WAQF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:23348 WP(C) NO. 6463 OF 2025 3 JUDGMENT AMIT RAWAL, J. 1. Two orders Exts.P1 and P4 dated 13.11.2024 and 18.12.2024 of the Wakf Board have been challenged in the present writ petition by the petitioners - the erstwhile Secretary and Treasurer of the Committee. The election petition is stated to be pending before the Tribunal as both the petitioners have lost in the aforementioned elections. It is a matter of record that the part of the Masjid for widening of National Highway was demolished and a compensation amount has been deposited with the Wakf Board. On account of widening of National Highway, sanction is required for reconstruction as well as renovation. Report of the concerned Divisional Officer was obtained on both accounts. Accordingly, the Kannur, Divisional Officer submitted a report dated 07.10.2024 with regard to the renovation and dated 06.12.2024 with regard to re-construction. Wakf Board took decisions on 05.11.2024 and 10.12.2024 and in pursuance of 2025:KER:23348 WP(C) NO. 6463 OF 2025 4 the aforementioned, the Chief Executive Officer has released the fund of Rs.18,20,000/- for renovation and Rs.1,10,00,000/- (Rupees one crore ten lakhs only) for re- construction. The argument that two different orders have been passed by increasing the amount is an attempt to squander away the money of the Wakf Board, in our considered view, is not sustainable as both are on different heads based upon the reports of the Divisional Officer which have not been challenged much less the decision of the Board sanctioning the amount aforementioned dated 05.11.2024 and 10.12.2024. The petition is bereft of the merits, accordingly dismissed. Sd/- AMIT RAWAL JUDGE Sd/- K. V. JAYAKUMAR JUDGE nak 2025:KER:23348 WP(C) NO. 6463 OF 2025 5 APPENDIX OF WP(C) 6463/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DATED 13.11.2024 ISSUED BY THE WAKF BOARD WITH ENGLISH TRANSLATION OF THE SAME Exhibit P2 TRUE COPY OF THE REPRESENTATION ON 13.08.2024 BEFORE THE DIVISIONAL OFFICER OF THE WAQF BOARD, KERALA STATE WAQF BOARD DIVISIONAL OFFICE, KANNUR FILED BY THE 2ND PETITIONER WITH ENGLISH TRANSLATION OF THE SAME Exhibit P3 TRUE COPY OF THE MASS REPRESENTATION DATED 11.09.2024 BEFORE THE 2ND RESPONDENT FILED BY THE PETITIONERS AND OTHER MAHAL MEMBERS WITH ENGLISH TRANSLATION OF THE SAME Exhibit P4 TRUE COPY OF THE ORDER DATED 18.12.2024 PASSED BY THE KERALA STATE WAQF BOARD ALONG WITH THE ENGLISH TRANSLATION OF THE SAME