CRP(WAKF) NO.41/2022 1 2025:KER:23195 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR WEDNESDAY, THE 19TH DAY OF MARCH 2025 / 28TH PHALGUNA, 1946 CRP(WAKF) NO. 41 OF 2022 AGAINST THE ORDER DATED 13.04.2022 IN WOA NO.27 OF 2019 (O.A.55/2016) OF WAKF TRIBUNAL, KOZHIKODE REVISION PETITIONERS/APPLICANTS: 1 EDAVARAD KARUMARATH JUMA-ATH PALLI MAHALLU COMMITTEE, REPRESENTED BY ITS SECRETARY A. MAJEED, AGED 43 YEARS S/O POCKER, ALIYOTTU HOUSE, ERAVATTOOR AMSOM, EDAVARAD P.O., EDAVARAD DESOM, KOYILANDI TALUK, KOZHIKODE DISTRICT,, PIN - 673525 2 A. MAJEED, AGED 43 YEARS S/O POCKER, SECRETARY, EDAVARAD KARUMARATH JUMA-ATH PALLI MAHALLU COMMITTEE, ALIYOTTU HOUSE, ERAVATTOOR AMSOM, EDAVARAD P.O., EDAVARAD DESOM, KOYILANDI TALUK, KOZHIKODE DISTRICT,, PIN - 673525 BY ADVS. R.RAMADAS T.SIVADASAN CRP(WAKF) NO.41/2022 2 2025:KER:23195 RESPONDENTS/RESPONDENTS: 1 KARUMARATH MUBARAQ MASJID MAHALLU COMMITTEE, A SOCIETY ALLEGED TO HAVE BEEN REGISTERED UNDER THE PROVISIONS OF SOCIETIES REGISTRATION ACT, REPRESENTED BY ITS SECRETARY, E.K. MOIDEEN, , AGED 55 YEARS S/O MAMMU, , MADAM MANNIL HOUSE, ERAVATTOOR AMSOM, EDAVARAD DESOM, KOYILANDI TALUK, KOZHIKODE DISTRICT, PIN - 673525 2 E.K. MOIDEEN, AGED 55 YEARS S/O MAMMU, , SECRETARY, KARUMARATH MUBARAQ MASJID MAHALLU COMMITTEE, MADAM MANNIL HOUSE, ERAVATTOOR AMSOM, EDAVARAD DESOM, KOYILANDY TALUK, KOZHIKODE DISTRICT, PIN - 673525 3 THE KERALA STATE WAKF BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER VIP ROAD, KALOOR, KOCHI, PIN - 682017 BY ADV FIROZ K.M. OTHER PRESENT: SRI JAMSHEED HAFIZ SC WAQF THIS CRP (WAKF ACT) HAVING COME UP FOR ADMISSION ON 19.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: CRP(WAKF) NO.41/2022 3 2025:KER:23195 ORDER AMIT RAWAL, J. The present Civil Revision Petition is directed against the order issued by the Waqf Tribunal in W.O.A.No.27 of 2019 dated 13th April, 2022, on the premise that the application of the petitioners/applicants challenging the registration of the properties in the name of the 1st respondent – Committee, particularly when the dispute with regard to the ‘Mutawalliship’ is pending adjudication before the Waqf Board, could not have been ordered. 2. Learned Tribunal on examination of the material and evidence brought on record found that the dedication was done in the year 1982; however, the erstwhile Committee did not obtain the registration of the aforementioned properties as a Waqf before the Waqf Board. It is only respondent Nos.1 and 2 when assumed the role of Committee on election, submitted an application to obtain the registration in the year 2013. The grievance expressed is CRP(WAKF) NO.41/2022 4 2025:KER:23195 that while ordering registration of the properties in the name of respondent No.1 - who was referred to as ‘Mutawalli’, which matter is pending adjudication before the Waqf Board. 3. We are, therefore, of the view that since the dispute with regard to the ‘Mutawalliship’ is pending, the registration done by the Waqf Board reflecting the name of the 1st respondent as ‘Mutawalli’ will be subject to the outcome of the pending matter regarding the ‘Mutawalliship’. 4. It is made clear that the Waqf Board shall decide the case on merits untrammeled by the finding rendered by the Tribunal in the W.O.A. With the aforementioned observations, this petition stands dismissed. Sd/- AMIT RAWAL, JUDGE Sd/- K. V. JAYAKUMAR, JUDGE MC/19.3