2025:KER:22540 CRP(WAKF) NO. 9 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 MONDAY, THE 17TH DAY OF MARCH 2025 / 26TH PHALGUNA, 1946 CRP(WAKF) NO. 9 OF 2025 AGAINST THE ORDER/JUDGMENT DATED 23.11.2024 IN WOA NO.80 OF 2022 OF WAKF TRIBUNAL, KOZHIKODE REVISION PETITIONER(S)/APPLICANT: AYATT AMMED HAJI AGED 84 YEARS S/O. CHEKEN @ MOIDEEN, KOCHERI HOUSE, MUTAWALLI, ORKATTERI JUMA-ATH PALLI, ORKATTERI AMSOM AND DESOM PO, ORKATTERI, VADKARA TALUK, KOZHIKODE DISTRICT, PIN - 673501 BY ADVS. T.P.SAJID K.P.MOHAMED SHAFI ABDUL KAREEM CHELERI SHIFA LATHEEF MUHAMMED HAROON A.N. SREESHMA B. CHANDRAN HASHARURAHIMAN U. MOHEMED FAVAS MUHAMMED BILAL K. VIJITH N.P. RESPONDENT(S)/RESPONDENTS: 1 KERALA STATE WAQF BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, , VIP ROAD, KALOOR, COCHIN, PIN - 682017 2025:KER:22540 CRP(WAKF) NO. 9 OF 2025 2 2 ASHRAF AGED 50 YEARS S/O. ORATTU IBRAHIM, ORATTU HOUSE, ORKATTERI AMSOM AND DESOM, PO ORKATTERI, VADAKARA TALUK, KOZHIKODE DISTRICT, PIN - 673501 3 K.M. KUNHI MOOSA HAJI AGED 74 YEARS S/O. AMMAD HAJI, PRESIDENT, ORKATTERI MAHAL, JAMA-ATH COMMITTEE, PO ORKKATTERI, VADAKARA TALUK, KOZHIKODE DISTRICT –, PIN - 673501 BY ADVS. ANAND K BENNY ANTONY PAREL(K/000053/1996) GOWRI MENON(K/001001/2024) NANDHANA T.B.(K/003013/2024) ARCHANA N.(K/001406/2025) SRI JAMSHEED HAFIZ SC WAQF THIS CRP (WAKF ACT) HAVING COME UP FOR ADMISSION ON 17.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:22540 CRP(WAKF) NO. 9 OF 2025 3 ORDER Amit Rawal, J. 1. Present revision petition has been preferred by the petitioner, the erstwhile Mutawalli, against the order dated 23.11.2023 of the Wakf Tribunal in WOA No. 80 of 2022, whereby the challenge laid to the action of the Wakf Board in conferring the mutawalliship of the wakf to 2nd respondent without considering the representation of the petitioner, has been dismissed. 2. The relief sought therein was based on the fact that as per the Wakf deed, the Mutawalliship was inherited by the family members. In 2017, an application, alleged to have been signed by the petitioner, was submitted to the Wakf Board for changing the Mutawalliship in favour of the 2nd respondent, which was enquired into and notified by the Wakf Board as per the provisions of Section 42 of the Wakf Act. After expiry of almost five(5) years, submitted a complaint to the Wakf Board for reconsideration of the request submitted 2025:KER:22540 CRP(WAKF) NO. 9 OF 2025 4 in 2017 which was based upon the application of fraud, misrepresentation or coercion. It is contended that the Tribunal ought to have taken into consideration all these factors, as there is a categoric pleading that even in 2017 also, complaint of similar nature was submitted but did not make any headway. 3. On the other hand, Sri.Jamsheed Hafiz, learned counsel appearing on behalf of the Wakf Board submitted that the order of the Tribunal is perfectly legal and justified for the reason that no explanation has come forward for a period of six(6) years, much less the alleged complaint of 2017 has not seen the light of the day. Even though, the inheritable Mutawalliship, as per the submission of the learned counsel for the petitioner, is not permitted, the remedy lies elsewhere, but not in the manner and mode, as, the petitioner was estopped as per the provisions of Section 115 of the erstwhile Evidence Act for challenging the same without explaining the delay of six(6) years. 4. On the other hand, Sri.K.Anand, learned 2025:KER:22540 CRP(WAKF) NO. 9 OF 2025 5 counsel appearing on behalf of respondent No.2 submitted that the petitioner had submitted the application on account of his own volition and there was no coercion or any force applied for submission of such application surrendering the Mutawalliship in favor of the respondent No.2 and urged this Court for dismissal of this revision petition with exemplary cost. 5. We have heard the learned counsel for the parties and appraised the paper book. 6. Section 42 of the Wakf Act reads as under: 42. Change in the management of auqaf to be notified.-- (1) In the case of any change in the management of a registered waqf due to the death or retirement or removal of the mutawalli, the incoming mutawalli, shall forthwith, and any other person may notify the change to the Board. (2) In the case of any other change in any of the particulars mentioned in section 36, the mutawalli shall, within three months from the occurrence of the change, notify such change to the Board. 7. On perusal of the aforementioned provision, it is evident that as and when such applications are moved, the Wakf Board holds an enquiry and if it finds the application to 2025:KER:22540 CRP(WAKF) NO. 9 OF 2025 6 be in order, passes an order by making an entry in the record with regard to the change in the Mutawalliship. It cannot be believed that for six(6) years the petitioner did not come to know, despite the fact that the person in whose favour muthawalliship was surrendered had been discharging the duties of the Mutawally for the last seven(7) years. Though the issue of inheritable Mutawalliship was not the main ground taken in the application, but that can be course open in an appropriate proceedings but not in the manner and mode as sought to be urged before the Tribunal. Accordingly, we are of the view that the findings of the Tribunal do not suffer from any illegality and perversity. No ground for interference is made out. C.R.P.(Wakf) stands dismissed. Sd/- AMIT RAWAL, JUDGE Sd/- K. V. JAYAKUMAR , JUDGE nak 2025:KER:22540 CRP(WAKF) NO. 9 OF 2025 7 APPENDIX OF CRP(WAKF) 9/2025 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE RECEIPT DATED 12/06/2003 ISSUED BY THE KERALA WAKF BOARD , KOZHIKODE TO THE PETITIONER WITH ENGLISH TRANSLATION Annexure 2 TRUE OF THE DEMAND NOTICE DATED 13/01/2020 ISSUED BY THE WAKF BOARD TO THE PETITIONER WITH ENGLISH TRANSLATION Annexure 3 TRUE COPY OF THE LETTER DATED 02/06/2022 SUBMITTED BY THE PETITIONER BEFORE THE WAKF BOARD WITH ENGLISH TRANSLATION Annexure 4 THE CERTIFIED COPY OF THE MINUTES OF THE WAKF BOARD ERNAKULAM DATED 08/06/2022 ALONG WITH ORDER DATED 28/09/2022 WITH ENGLISH TRANSLATION Annexure 5 TRUE COPY OF THE ORDER BEARING NO. A9- 611/2022/KKD DATED 28/9/2022 PASSED BY THE CHIEF EXECUTIVE OFFICER, KERALA STATE WAQF BOARD, ERNAKULAM ALONG WITH ENGLISH TRANSLATION ANNEXURE 4 ( English Translation ) The English Translation of the Minutes of the WAKF Board Ernakulam dated 08/06/2022 along with order dated 28/09/2022