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2023 Supreme(Ker) 75

A. K. JAYASANKARAN NAMBIAR, MOHAMMED NIAS C. P.
Hameedali K. P. , S/o. Ammedkutty – Appellant
Versus
Chief Executive Officer, The Kerala State Wakf Board, V. I. P. Road, Kaloor, Kochi, PIN - 6820172 – Respondent


Advocates Appeared:
For the Petitioner: Sri. Jayesh Mohan Kumar, SC, State Bank Of Travancore, K. Jayesh Mohankumar, Pushparajan Kodoth, Vandana Menon, Vimal Vijay, P. Shamsuddeen.
For the Respondents: Shri. Jamsheed Hafiz, SC, Waqf Board.

JUDGMENT :

[Mohammed Nias. C.P., J.]

1. This writ petition is filed by the petitioner claiming to be the present hereditary Muthavalli of the third respondent wakf challenging Ext.P1 order by which the Wakf Board appointed a returning officer to conduct an election to the Juma-ath Committee. The petitioner essentially challenges the election on the ground that his right as Muthavalli is affected and that he was not heard before Ext.P1 order was passed. We are not inclined to interfere with Ext.P1 order for the reasons to follow.

2. Any dispute, question, or other matters whatsoever and whatever manner which arises relating to a wakf property can be decided by the wakf Tribunal. No doubt, alternate remedy is not an absolute bar for filing of the writ petition, but at the same time, it is well settled that writ jurisdiction is a discretionary jurisdiction, and when there is an efficacious alternate remedy, ordinarily, a party must resort to that remedy first before approaching this Court. Entertaining a writ petition straight away without insisting that a party should avail alternate remedy is an over-liberal approach that is causing immense difficulties to the high court, adding to t

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