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2007 Supreme(Ker) 678

KURIAN JOSEPH, HARUN UL RASHID
Thayyil Kunhimohammed Haji – Appellant
Versus
Darul Huda Islamic Academy – Respondent


ORDER

Kurian Joseph, J.

1. Give unto God what belongs to Him and leave man to enjoy what belongs to him. If this balance is tilted, peace on earth is disturbed. Once a Wakf is duly created, the property belongs to God and the enjoyment is to be restricted to the dedicated purposes. There being a restriction on enjoyment of property, progeny is tempted or prompted to probe as to whether there is a valid Wakf at all. Which is the forum to first look into the matter is the crucial question arising for consideration in this case.

2. The petitioners are respondents 2, 5 and 8 in A.S. No.10/2001 on the file of the Wakf Tribunal, Kozhikode. The matter was pursued before the Tribunal by respondents 1 and 2 aggrieved by the suo motu steps of the Board to register 17 cents of property in Re-survey No.230/2 in Kozhikode District, which is popularly known as Mampram Makkam. The suit was initially dismissed by the Tribunal holding that respondents 1 and 2 are not entitled to maintain an appeal before the Tribunal against the decision taken by the Wakf Board to register Mampram Makkam as Wakf property. The matter was taken up before this court in C.R.P. No. 672/2002 and O.P. No. 17924/2002. This Co












































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