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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, SYAM KUMAR V.M.
State of Kerala – Appellant
Versus
T.K.I. Ahamed Sherief, S/O. T.K.A.Ibrahim – Respondent
JUDGMENT :
SUSHRUT ARVIND DHARMADHIKARI, J.
The writ appeals at hand take exception to the final judgment dated 17.03.2025 passed by the Single Bench of this Court in batch of writ petitions, with the lead one being WP(C) No. 2839/2025 and other connected matters. Vide the impugned judgment, the learned Single Bench through reasoned findings quashed the notification dated 27.11.2024 issued under the provisions of Commissions of Inquiry Act, 1952 (for short, ‘the COI Act’), constituting an Inquiry Commission headed by a former Judge of this Court to inquire into certain issues mentioned there under relating to property situated in Survey No. 18/1 of the Vadakkekara village (hereinafter called ‘the subject property’), Kozhikode district. The learned Single Bench held that since the subject property has been declared as a waqf property by the Kerala Waqf Board (for short, KWB), therefore in view of the specific statutory bar under the provisions of the Waqf Act, 1995 (for short, ‘Act of 1995’), specifically Section 83(1), the Inquiry Commission (for short, ‘IC’) under the COI Act could not have been constituted at the threshold for carrying out any inquiry touching the nature of the sai
The constitution of an inquiry commission by the State is valid despite challenges under the Waqf Act, 1995 when prior waqf declarations are arbitrary, devoid of proper procedure, and the property in....
Civil courts retain jurisdiction to determine eviction claims even if waqf status is asserted, unless unequivocally proven as such. Defendants cannot contest landlord's title without substantiating t....
The court ruled that proper inquiry and adherence to statutory procedures are essential for valid Waqf declarations, invalidating the notification in this case.
The court ruled that the notification declaring lands as waqf property was invalid due to procedural lapses and lack of evidence, affirming the petitioners' ownership rights.
The court determined that a 41-year delay in issuing a notification declaring land as wakf property was unreasonable, rendering it invalid, and affirmed that such matters could be addressed in writ p....
The main legal point established in the judgment is the dismissal of the Writ Petition challenging the Gazette Notification, with the court granting the petitioner liberty to raise objections before ....
The Wakf Tribunal has exclusive jurisdiction to adjudicate disputes regarding wakf properties, and the High Court should not interfere in such matters.
The court asserted that ownership disputes under the Wakf Act do not preclude valid claims from individuals claiming title, regardless of Wakf notifications, provided they can substantiate their owne....
The court ruled that a property designated as waqf must demonstrate clear evidence of public dedication; otherwise, it remains private.
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