JUDGMENT :

Basant Balaji, J.

This Writ Petition is filed by the petitioners with a prayer to the 7th respondent not to induct new members or delete existing members in the electoral rolls of the society. As per Ext.P1 order dated 13.7.2022, the 6th respondent has passed an order as follows :

“Board find that it is a fit case for taking action under section 64(3) removing committee from mutawalliship/administration of Masjidal Hidaya Jama ath Mosque, Kakkovu under section 64 of the Waqf Act, 1995. In pursuance of the inquiry commenced under subsection 3 of section 64 Board finds that in the interest of the waqf it is necessary to suspend the committee for a period of 10 days from 13-07-2022 as the continuation of the present committee in the administration of the waqf will result in manipulation of documents in the waqf and may destroy the evidence for the enquiry. While the committee is suspended, Mr. Adv. Muhsin P.K, Kunthanikkavu House, Pazhamparambu, Po- Cheruvadi, Mavoor-Via, Kozhikode is appointed as the Interim Mutawally of the Waqf and he is directed to take charge of the office of the waqf with immediate effect. The suspended committee shall appear before the Board on 20-07-2022 for submitting its version at its Headquarters at Ernakulam at 2.PM.”

2. Ext.P1 was challenged before this court in O.P. (Wakf) No.22 of 2022. This court, by judgment dated 21.7.2022 did not interfere with Ext.P1, the order appointing interim muthawalli, but directed that the election to the Masjidul Hidaya Jama-ath Mosque committee shall be completed within a period of six weeks from the date of receipt of the judgment.

3. The main contention raised by the counsel for the petitioners is that by Ext.P1, the interim muthawalli was appointed after suspending the committee for a period of 10 days from 13.7.2022, the same order was not extended and the suspension period got over by a lapse of ten days and the appointment of interim muthawalli also terminated after 10 days. Though in the judgment in O.P.(Wakf) No.22 of 2021, we did not interfere with the appointment of interim muthawalli, the same has elapsed after a period of ten days from 13.7.2022, since the suspension of the committee was not extended by the Wakf Board.

4. The counsel for the petitioners submits that the 7th respondent issued Ext.P5 notice stating that as per the order of the Wakf Board in I.A. No.4 of 2021 and 91 of 2022 in O.P. No.36 of 2021 and O.P.(Wakf) N0.22 of 2022, he was appointed as muthawalli of the jama-ath and that all matters regarding the marriage, death and other matters should be informed to him. Another notice was also issued by the 7th respondent calling for applications for inclusion of member ship in the Mahal in the camps to be conducted by him.

5. The counsel for the 7th respondent further submits that though the suspension of the committee as per Ext.P1 is only for ten days from 13.7.2022, in fact the appointment of interim muthawalli is till new election are conducted and it is without any time and hence, he is justified in acting as interim muthawalli and calling for the applications of the member ship for persons. He has not exceed his power and not acted contrary to the any of the directions of the Board.

6. As per Ext.P1, the Wakf Board has commenced the enquiry under sub-Section 3 of Section 64 of the Wakf Act and the suspended the Committee for 10 days from 13.7.2022 for the reason that if the present committee is allowed to administer the work, it will result in manipulation of the documents in the wakf and destroy evidence in the enquiry. It is also stated that the while the committee is suspended, 7th respondent is appointed as interim muthawalli and was directed to take charge of the Wakf Board with immediate effect.

7. It is also argued by the counsel for the petitioners that the suspension period of ten days was never extended and hence, the suspension and the appointment of the interim muthawalli lapsed after ten days on 23.7.2022. In that event the