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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MURALEE KRISHNA S.
Yoosef. C. M – Appellant
Versus
Kerala State Waqf Board – Respondent
| Table of Content |
|---|
| 1. challenge to madrassa construction order (Para 1 , 2 , 3) |
| 2. arguments against appellants' objections (Para 4) |
| 3. legal interpretation of waqf property registration (Para 5 , 10 , 14 , 15) |
| 4. court's evaluation of evidence and arguments (Para 6 , 8 , 12 , 16) |
| 5. dismissal of the appeal (Para 17) |
JUDGMENT
Muralee Krishna S., J.
Petitioners in W.O.A.No.194 of 2025 on the file of the Waqf Tribunal, Kozhikode (‘the Tribunal’ for short), filed this M.F.A.(WAQF) invoking the provisions under Section 83 (9) of the Unified Waqf Management, Empowerment, Efficiency and Development Act , 1995, as amended by the Waqf (Amendment) Act, 2025 (‘the Waqf Act’ for short), challenging the order dated 14.01.2026 passed by the Tribunal in I.A.No.1 of 2025 filed in that W.O.A.
2. As per the pleadings in this M.F.A.(WAQF), the appellants are persons interested in Waqf and Waqf properties managed by Puttanikkadu Mahallu Juma Masjid Committee. They are the general body members and Mahallu members of the said Juma Masjid Committee, which is arrayed as the 2nd respondent in this M.F.A(WAQF). The appellants filed W.O.A.No.194 of 2025 before the Tribunal, challenging the order of the 1st respondent
Construction of a Waqf property without registration can occur if established as Waqf by user prior to the amendment of the Waqf Act; the appellants failed to prove a prima facie case.
Waqf Board must follow waqf deed directions and conduct enquiry with notice before registering mutawalli.
The main legal point established in the judgment is the exclusive jurisdiction of the Waqf Board in managing waqf properties, as well as the inapplicability of the Societies Registration Act, 1860 in....
Expression ‘waqf by user’ finding place in Section 3 (r) (i) of the Act is a defined expression and is not qualified by any word to suggest that it has to be of immemorial user, the Court would have ....
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