JUGMENT : Anil K. Narendran, J. The petitioner, who is stated to be a permanent member of Palayam Muslim Jamaath, which is a waqf registered under the provisions of the Waqf Act, 1995 , has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus [sic:certiorari] or any other appropriate writ, order or direction to set aside Ext.P8 order dated 27.01.2026 passed by the 3 rd respondent Chief Executive Officer of the Kerala State Waqf Board and a declaration that the 3 rd respondent has no authority to pass such an order; a writ of mandamus or any other appropriate writ, order or direction commanding the 3 rd respondent Chief Executive Officer to reconsider the matter in accordance with law, within a time frame. 2. It is challenging Ext.P1 communication dated 27.02.2025 of the 2 nd respondent General Secretary of Palayam Muslim Jamaath that the petitioner moved Ext.P5 representation dated 25.07.2025 before the 1 st respondent Divisional Officer, Kerala State Waqf Board, by contending that the decision taken against the petitioner, as evidenced by Ext.P1 communication dated 27.02.2025, is in violation of Ext.P2 circular dated 13.02.2024 issued by the 1 st respondent Divisional Officer, wherein it is specifically provided that any violation will attract initiation of prosecution under Section 61 of the Waqf Act, 1995 . 3. The petitioner had earlier filed W.P.(C)No.29626 of 2025, seeking a writ of mandamus commanding the 1 st respondent Divisional Officer, Kerala State Waqf Board to consider Ext.P5 representation dated 25.07.2025, within a time frame to be fixed by this Court. On 19.08.2025, when that writ petition came up for admission, the learned Standing Counsel for the State Waqf Board submitted that the additional 4 th respondent Chief Executive Officer, who is a competent authority, shall consider and pass appropriate orders on Ext.P5 representation dated 25.07.2025, with notice to the petitioner and also to the 2 nd respondent General Secretary of Palayam Muslim Jama-ath. Therefore, by Ext.P6 judgment dated 19.08.2025, this Court disposed of W.P.(C)No.29626 of 2025. Paragraph 4 and also the last paragraph of Ext.P6 judgment reads thus; “4. Therefore, by Ext.P6 judgment dated 19.08.2025, this Court disposed of W.P.(C)No.29626 of 2025. Paragraph 4 and also the last paragraph of Ext.P6 judgment reads thus; “4. The learned Standing Counsel for Kerala State Waqf Board would submit that the additional 4 th respondent Chief Executive Officer, who is the competent authority, shall consider and pass appropriate orders on Ext.P5 representation dated 25.07.2025 made by the petitioner, with notice to the petitioner and also to the 2 nd respondent General Secretary of Palayam Muslim Jama-Ath. Having considered the submission made at the Bar, we deem it appropriate to dispose of this writ petition without expressing anything on the merits of Ext.P5 representation dated 25.07.2025 made by the petitioner, by directing the additional 4 th respondent Chief Executive Officer, Kerala State Waqf Board, to consider and pass appropriate orders on the said representation strictly in accordance with law, with notice to the petitioner and also to the 2 nd respondent General Secretary of Palayam Muslim Jama-Ath, as expeditiously as possible, at any rate, with a period of two months from the date of receipt of a certified copy of this judgment.” 4. It is thereafter that the 3 rd respondent Chief Executive Officer passed Ext.P8 order dated 27.01.2026, which is under challenge in this writ petition. 5. Heard the learned counsel for the petitioner and also the learned Standing Counsel for the State Waqf Board for respondents 1 and 3. 6. The learned counsel for the petitioner would submit that Ext.P8 order dated 27.01.2026 of the 3 rd respondent Chief Executive Officer is highly arbitrary and illegal, which is one passed without jurisdiction. The said order is even contrary to Ext.P9 notice dated 24.09.2025 issued by the State Waqf Board, and therefore, liable to be interfered with in this writ petition. 7. On the other hand, the learned Standing Counsel for the State Waqf Board would submit that the 3 rd respondent Chief Executive Officer passed Ext.P8 order, pursuant to the direction contained in Ext.P6 judgment of this Court dated 19.08.2925 in W.P.(C)No.29626 of 2025, which was one filed by the petitioner herein for disposal of Ext.P5 representation. 8. 7. On the other hand, the learned Standing Counsel for the State Waqf Board would submit that the 3 rd respondent Chief Executive Officer passed Ext.P8 order, pursuant to the direction contained in Ext.P6 judgment of this Court dated 19.08.2925 in W.P.(C)No.29626 of 2025, which was one filed by the petitioner herein for disposal of Ext.P5 representation. 8. The Waqf Act, 1995 , which was re-named as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995, vide Waqf (Amendment) Act, 2025, is enacted by the Parliament to provide for the better administration of Auqaf and for matters connected therewith or incidental thereto. Section 32 of the Act deals with the powers and functions of the State Waqf Board. As per sub-section (1) of , subject to any rules that may be made under this Act, the general superintendence of all Auqaf in a State shall vest in the Board established or the State; and it shall be the duty of the Board so to exercise its powers under this Act as to ensure that the Auqaf under its superintendence are properly maintained, controlled and administered and the income thereof is duly applied to the objects and for the purposes for which such Auqaf were created or intended. Section 47 of the Act deals with the audit of accounts of Auqaf; Section 63 deals with the power to appoint Mutawallis in certain cases; Section 69 deals with the power of the Board to frame a scheme for the administration of waqf; (4) deals with the power of the Board to cancel or modify the scheme; and Section 70 deals with inquiry relating to administration of waqf. 9. Section 83 of the 1995 Act deals with the constitution of Tribunals, etc. As per sub-section (1) of , the State Government shall, by notification in the Official Gazette, constitute as many Tribunals as it may think fit, for the determination of any dispute, question or other matter relating to a waqf or waqf property, eviction of a tenant or determination of rights and obligations of the lessor and the lessee of such property, under the Act and define the local limits and jurisdiction of such Tribunals. As per the proviso to sub-section (1) of , any other Tribunal may, by notification, be declared as the Tribunal for the purposes of this Act. 10. As per the proviso to sub-section (1) of , any other Tribunal may, by notification, be declared as the Tribunal for the purposes of this Act. 10. As per sub-section (2) of Section 83 of the 1995 Act, any mutawalli person interested in a waqf or any other person aggrieved by an order made under the Act, or rules made thereunder, may make an application within the time specified in the Act or where no such time has been specified, within such time as may be prescribed, to the Tribunal for the determination of any dispute, question or other matter relating to the waqf. As per the proviso to sub-section (2) of , inserted by the Waqf (Amendment) Act, 2025, with effect from 08.04.2025, if there is no Tribunal or the Tribunal is not functioning, any aggrieved person may appeal to the High Court directly. 11. As per sub-section (9) of Section 83 of the 1995 Act, prior to its substitution by the Waqf (Amendment) Act, 2025, no appeal shall lie against any decision or order, whether interim or otherwise, given or made by the Tribunal. As per the proviso to sub-section (9) of , the High Court may, on its own motion or on the application of the Board or any person aggrieved, call for and examine the records relating to any dispute, question or other matter which has been determined by the Tribunal for the purpose of satisfying itself as to the correctness, legality or propriety of such determination and may confirm, reverse or modify such determination or pass such other order as it may think fit. As per sub-section (9) of of the 1995 Act, substituted by the Waqf (Amendment) Act, 2025, any person aggrieved by the order of the Tribunal may appeal to the High Court within a period of ninety days from the date of receipt of the order of the Tribunal. 12. In West Bengal Wakf Board v. Anis Fatma Begum [ (2010) 14 SCC 588 ] , the Apex Court opined that all matters pertaining to wakfs should be filed in the first instance before the Wakf Tribunal constituted under Section 83 of the Wakf Act, 1995 and should not be entertained by the civil court or by the High Court straightaway under Article 226 of the Constitution of India. In the said decision, the Apex Court noticed that the obvious purpose of constituting a special Tribunal for deciding disputes relating to wakfs was that a lot of cases relating to wakfs were being filed in the courts in India, and they were occupying a lot of time of all the courts in the country, which had resulted in increased pendency of cases in the courts. Hence, a special Tribunal has been constituted for deciding such matters. 13. In view of the proviso to sub-section (2) of Section 83 of the 1995 Act, inserted by the Waqf (Amendment) Act, 2025, a challenge against an order made under the Act, or rules made thereunder, can be entertained by the High Court if there is no Tribunal constituted under sub-section (1) of or the Tribunal is not functioning. Therefore, when the State Government, by notification in the Official Gazette, has constituted the Waqf Tribunal and the said Tribunal is functioning, a mutawalli interested in a waqf or any other person aggrieved by an order made under the Act, or rules made thereunder, has to invoke the statutory remedy provided under sub-section (2) of of the 1995 Act, by approaching the Waqf Tribunal, instead of challenging the said order by invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. 14. In the above circumstances, if the petitioner is aggrieved by Ext.P8 order, he has to challenge the said order before the Waqf Tribunal by invoking the provisions under sub-section (2) of Section 83 of the 1995 Act, instead of challenging the same before this Court, by invoking the extraordinary jurisdiction under Article 226 of the Constitution of India. In the result, this writ petition filed on 05.03.2026, fails on the ground of maintainability and the same is accordingly dismissed; however without prejudice to the right of the petitioner to challenge Ext.P8 order dated 27.01.2026 before the Waqf Tribunal, by invoking the provisions under sub-section (2) of Section 83 of the 1995 Act, raising appropriate legal and factual contentions.