OP (WAKF) NO. 4 OF 2025 2025:KER:25965 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 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 OP (WAKF) NO. 4 OF 2025 AGAINST THE ORDER DATED 12.02.2025 IN WOS NO.46 OF 2022 OF WAKF TRIBUNAL, KOZHIKODE PETITIONERS: 1 ARAYANKODE KUZHIYIL PEEDIKA JUMA MASJID & HIDAYATHUL ANAM MADRASSA COMMITTEE REPRESENTED BY ITS GENERAL SECRETARY, ABDULLA V.K., S/O KOYA HAJI, AGED 62 YEARS, VIRUNNAMKUZHI P.O., VELLALASSERY, KOZHIKODE, PIN - 673601 2 K.M. MUHAMMED MASTER, AGED 62 YEARS, S/O AHAMMED KUTTY, KILIYADAN MOOCHIKKAL HOUSE, ARAYANKODE KUZHIYIL PEEDIKA JUMA MASJID & HIDAYATHUL ANAM MADRASSA COMMITTEE, PIN - 673601 3 ABDULLA V.K, AGED 62 YEARS, S/O KOYA HAJI, VIRUNNAMKUZHI, P.O VELLALASSERY, KOZHIKODE – 673601, GENERAL SECRETARY, ARAYANKODE KUZHIYIL PEEDIKA JUMA MASJID & HIDAYATHUL ANAM MADRASSA COMMITTEE, PIN - 673601 BY ADVS. MUNEER AHMED JAYKAR.K.S. OP (WAKF) NO. 4 OF 2025 2025:KER:25965 2 RESPONDENTS: 1 ABDUL LATHEEF VIRUNNAMKUZHI, S/O MUHAMMED PUTHIYA VEEDAN, ARAYANKODE, VELLALASSERY P.O., NIT VIA, POOLAKODE AMSOM ARAYANKODE DESOM, KOZHIKODE TALUK, PIN - 673601 2 MUHAMMED KUTTY KUNNUMMAL S/O MOIDEEN, KUNNUMMAL HOUSE, ARAYANKODE, VELLALASSERY P.O., NIT VIA, POOLAKODE AMSOM, ARAYANKODE DESOM, KOZHIKODE DISTRICT, PIN - 673601 3 MUHAMMED ASHRAF A.T S/O C.P. BEERAN, AKKARATHODI HOUSE, ARAYANKODE, VELLALASSERY DESOM, KOZHIKODE TALUK, PIN - 673601 4 CHIEF EXECUTIVE OFFICER KERALA STATE WAQF BOARD, V.I.P. ROAD, KALOOR, KOCHI, PIN - 682017 5 KERALA STATE WAQF BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, V.I.P. ROAD, KALOOR, KOCHI, PIN - 682017 BY ADV Jamsheed Hafiz SRI JAMSHEED HAFIZ SC WAQF THIS OP (WAKF) HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP (WAKF) NO. 4 OF 2025 2025:KER:25965 3 JUDGMENT AMIT RAWAL, J. Present petition is directed against Ext.P5 order dated 12.02.2025, whereby the application moved by the petitioners vide I.A.No.1/2025 in WOS No.46/2022, for taking on record the additional documents as per the provision of Order 7 Rule 14(3) of the Code of Civil Procedure, has been dismissed in the following manner: “This petition is filed under Order 7 Rule 14(3) of Code of Civil Procedure, to receive the documents produced by the plaintiffs. 2. Highly belated. Hence, dismissed. No costs.” 2. Sri. Jamshed Hafiz appears for Wakf Board. It would be a farcical exercise to issue notice to the contesting respondents, as the order under challenge is not sustainable in the eyes of law, for, it lack reasons which is a mandatory requirement for quasi judicial authorities, much less, it will defray the cost of litigation of the defendants. OP (WAKF) NO. 4 OF 2025 2025:KER:25965 4 3. In this view of the matter, we thus set aside the order under challenge and allow the original petition directing the Wakf Tribunal to decide the application afresh in accordance with law. Sd/- AMIT RAWAL JUDGE Sd/- K. V. JAYAKUMAR JUDGE msp OP (WAKF) NO. 4 OF 2025 2025:KER:25965 5 APPENDIX OF OP (WAKF) 4/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE PLAINT IN WOS NO. 46/2022 ON THE FILES OF THE WAQF TRIBUNAL, KOZHIKODE Exhibit P2 THE TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANTS 1 TO 3 IN WOS NO. 46/2022 ON THE FILES OF THE WAQF TRIBUNAL, KOZHIKODE Exhibit P3 THE TRUE COPY OF THE AFFIDAVIT AND PETITION FILED BY THE RESPONDENTS IN WOS NO. 50/2022 Exhibit P4 THE TRUE COPY OF THE AFFIDAVIT AND THE PETITION FILED BY THE PETITIONERS HEREIN AS IA NO. 1/2025 IN WOS NO. 46/2022 BEFORE THE WAQF TRIBUNAL, KOZHIKODE Exhibit P4(a) THE TRUE COPY OF THE COUNTER STATEMENT FILED BY THE RESPONDENTS HEREIN IN IA NO. 1/2025 IN WOS NO. 46/2022 ON THE FILES OF THE WAQF TRIBUNAL, KOZHIKODE Exhibit P5 THE TRUE COPY OF THE ORDER DATED 12-02- 2025 IN IA NO. 1/2025 IN WOS NO. 46/2022 ON THE FILES OF THE WAQF TRIBUNAL, KOZHIKODE Exhibit P6 THE TRUE COPY OF THE PROCEEDINGS IN WOS NO. 46/2022 ON THE FILES OF THE WAQF TRIBUNAL, KOZHIKODE DOWNLOADED FROM THE WEBSITE OF THE COURT