2025:KER:24628 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 WP(C) NO. 10481 OF 2025 PETITIONER: VADAKKEYIL KHADER HAJI, AGED 91 YEARS, S/O. AHAMMED HAJI, PARIYAPURAM VILLAGE, (PO) THANNUR, MALAPPURAM, PIN - 673302 BY ADV K.MUHAMMED SALAHUDHEEN RESPONDENTS: 1 KERALA STATE WAQF BOARD, REP. BY ITS THE CHIEF EXECUTIVE OFFICER KERALA STATE WAKF BOARD OFFICE, VIP ROAD, KALOOR, KOCHI, PIN - 682017 2 THE CHIEF EXECUTIVE OFFICER, KERALA STATE WAKF BOARD, VIP ROAD, KALOOR, KOCHI, PIN - 682017 3 THE DIVISIONAL OFFICER, KERALA STATE WAKF BOARD, DIVISIONAL OFFICE, 2ND FLOOR, KSEB BUILDING, KOZHIKODE ROAD, MANJERI, MALAPPURAM DIST, PIN - 676121 4 SEYYID MUHAMMED KOYA THANGAL JAMALULLAILY S/O. HASSAN KUNHI KOYA THANGAL, PULIKKALATH, ANANGADI, KADALUNDI NAGARAM P.O., VALLIKUNNU , MALAPPURAM, PIN - 673314 SRI JAMSHEED HAFIZ SC WAQF THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:24628 WP(C) NO. 10481 OF 2025 2 JUDGMENT AMIT RAWAL, J. Petitioner, claims to be the owner of the property, is aggrieved by the order of the Waqf Board stating that the land measuring 1 acre and 5 cents in Re.Sy.No.180/2/A of Pariyapuram Village in Tirur Taluk, Malappuram District has to be recovered being a Waqf land, though it is not so. 2. The law with regard to the declaration of the title in case it is under cloud, is no longer res integra. The order of the Waqf Board can always be assailed by filing an independent suit seeking a declaration and consequential relief by establishing on record, through direct and independent evidence, to thwart the alleged claim as noticed in the order under challenge as to whether the property is Waqf or otherwise. Even otherwise, the order of the Waqf board is concededly appealable under Section 83 of the Waqf Act. Be that as it may. 2025:KER:24628 WP(C) NO. 10481 OF 2025 3 We leave it up to the petitioner to take either of the remedies available under law, in view of the fact that his title has come under the cloud, in accordance with law. With the aforementioned observation, the writ petition stands disposed of. Sd/- AMIT RAWAL JUDGE Sd/- K. V. JAYAKUMAR JUDGE msp 2025:KER:24628 WP(C) NO. 10481 OF 2025 4 APPENDIX OF WP(C) 10481/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE DOCUMENT NO.174/1968 ALONG WITH TRUE ENGLISH TRANSLATION. Exhibit P2 A TRUE COPY OF THE DOCUMENT NO. 30/1987 OF SRO, TANOOR 5.01.1987 ALONG WITH TRUE ENGLISH TRANSLATION. Exhibit P3 A TRUE COPY OF NOTICE NO A10-6602/17 OF ENQUIRY ISSUED BY 2ND RESPONDENT TO THE PETITIONER DATED 14.09.2018 WITH TYPED COPY Exhibit P4 A TRUE COPY OF THE STATEMENT NO A10-6602/2017 FILED BY PETITIONER DATED 06.12.2018 WITH TYPED COPY Exhibit P5 A TRUE COPY OF THE PROCEEDINGS N0.C8- 66O2/2017(EC-23/2017) OF THE 2ND RESPONDENT DATED 20.06.2024 ALONG WITH TRUE ENGLISH TRANSLATION Exhibit P6 A TRUE COPY OF THE LETTER NO C8-6602/2017-1 (EC-22/2017) DATED 01.07.2024 ISSUED BY THE 2ND RESPONDENT TO THE SUPERINTENDENT GOVERNMENT PRESS, THIRUVANANTHAPURAM Exhibit P7 A TRUE COPY OF THE KERALA GAZETTE NO. C8- 6602/2017-L(EC-22/2017) DATED 01.07.2024 ALONG WITH TRUE ENGLISH TRANSLATION. Exhibit P8 A TRUE COPY OF THE KERALA STATE GAZETTE NO. C8-6602/2017-L(EC-22/20R/) DATED 16.07.2024