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S. V. BHATTI, BASANT BALAJI
Elappully Erancheri Jama-Ath Palli, Represented By Its President C. Mohammed Ibrahim – Appellant
Versus
Mohammed Haneef – Respondent
ORDER :
Defendants 1 and 2 in W.O.S.No.64 of 2007 on the files of the Wakf Tribunal, Ernakulam, are the revision petitioners, and the respondents 1 to 3 herein were plaintiffs 1 and 2 and 3rd defendant. The parties are referred to as they are arrayed before the Tribunal.
2. The suit was filed by the plaintiffs for declaration and injunction. The averments in the plaint, in brief, are as follows:
The plaintiffs are members and beneficiaries of Elappully Eranchery Jama-ath Palli. It is a wakf represented by the 1st defendant/president and 2nd defendant/secretary. When the plaintiffs and 40 members of the 1st defendant wakf attended a religious discourse conducted by the Kerala Naduvathul Mujahideen on 20.03.2007, the 1st defendant led by its president and secretary ex-communicated the plaintiffs and others of the Jama-ath. They imposed a ban on the members of the Jama-ath from participating in the marriage and their ceremonies to be held in the houses of the plaintiffs and others. They were also not allowed to bury the dead bodies of the plaintiffs, others and their family members. In connection with the burial of the dead body of one Mohammed, on 18.10.2007, there was a law and order p
Every muslim is entitled to get a decent burial according to civil rights and graveyard under supervision of 1st defendant is a public graveyard, any muslim or any member of 1st defendant has a right....
The judgment clarifies burial rights in public graveyards for Muslims, regardless of sectarian differences, while limiting the Wakf Tribunal's authority over burial practices.
A burial ground traditionally used by the public cannot be claimed as private; refusal to permit burials by other Jamaths contravenes public accessibility principles.
Court emphasizes that ongoing legal avenues are appropriate for challenging administrative orders regarding Wakf management.
Petitioners' fundamental right to practice religion must be protected, and the Waqf Board directed to resolve the mosque dispute expeditiously.
Point of Law : Any provisions in the bye-law or scheme in relation to administration of a Jama-ath or Waqf property authorising 'ooruvilakku', externment and excommunication are also illegal, since t....
The Wakf Tribunal lacks jurisdiction in disputes concerning internal management of societies; only members can challenge by-law amendments.
Parties must seek statutory remedies under the Waqf Act before pursuing matters in High Court when appropriate forums exist.
Police protection granted to maintain status quo per Wakf Board order pending civil suit resolution, without determining rights.
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