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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &
THE HONOURABLE MR. JUSTICE EASWARAN S.
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946 CRP(WAKF) NO. 10 OF 2024 AGAINST ORDER DATED 21.9.2023 OF WAQF TRIBUNAL, KOZHIKODE IN WOS NO.441/2019 REVISION PETITIONERS/PLAINTIFFS:
1 T. SHOUKATH ALI AGED 49 YEARS S/O MOHAMMED KUTTY, THITTUMMAL HOUSE, KUNDOORKUNNU PO, THACHANATTUKARA-1 VILLAGE, MANNARKKAD TALUK, PALAKKAD DISTRICT, PIN - 678583
2 T. MOHAMMED ALI AGED 48 YEARS S/O MOHAMMED KUTTY, THITTUMMAL HOUSE, KUNDOORKUNNU PO, THACHANATTUKARA-1 VILLAGE, MANNARKKAD TALUK, PALAKKAD DISTRICT,, PIN - 678583
3 T. BASHEER AGED 49 YEARS S/O MOHAMMED KUTTY, THITTUMMAL HOUSE, KUNDOORKUNNU PO, THACHANATTUKARA-1 VILLAGE, MANNARKKAD TALUK, PALAKKAD DISTRICT,, PIN - 678583 BY ADV R.RAMADAS RESPONDENTS/DEFENDANTS:
1 KIZHAKKUMPURAM JAMA ATH PALLY COMMITTEE, KIZHAKKUMPURAM, KUNDOORKUNNU PO, THACHANTTUKARA-1 VILLAGE, MANNARKKAD TALUK, PALAKKAD DISTRICT, REPRESENTED BY T. ALAVI HAJI AGED 74 YEARS S/O HASSAINAR, RESIDING AT THITTUMMAL HOUSE, KUNDOORKKUNNU PO, THACHANATTUKARA-1 VILLAGE, MANNARKKAD TALUK, PALAKKAD DISTRICT,, PIN - 678583
2 SAIDALAVI T AGED 59 YEARS S/O (LATE) MUHAMMED HAJI, , MUTHAVALLY, KIZHAKKUMPURAM JAMA ATH MOSQUE/WAQF, KIZHAKKUMPURAM, KUNDOORKKUNNU PO, THACHANATTUKARA-
1 VILLAGE, MANNARKKAD TALUK, PALAKKAD DISTRICT,, PIN - 678583
3 YOUSAF SAKHAFI AGED 50 YEARS S/O KUNJI KAMMU, HEADMASTER, IRSHADU SUBIYAN MADRASSA, KIZHAKKUMPURAM, KUNDOORKKUNNU PO, THACHANATTUKARA-1 VILLAGE, MANNARKKAD TALUK, PALAKKAD DISTRICT, PIN - 678583
4 SYED ALAVI SAKHAFI AGED 39 YEARS S/O VEERANKUTTY, TEACHER, IRSHADU SUBIYAN MADRASSA, KIZHAKKUMPURAM, KUNDOORKKUNNU PO, THACHANATTUKARA-1 VILLAGE, MANNARKKAD TALUK, PALAKKAD DISTRICT, PIN - 678583
5 SIDDIQUE SAKHAFI AGED 36 YEARS S/O MOIDEEN KUTTY, THENAMOOCHIKKAL HOUSE, KIZHAKKUMPURAM, KUNDOORKKUNNU PO, THACHANATTUKARA-
1 VILLAGE, MANNARKKAD TALUK, PALAKKAD DISTRICT, PIN - 678583
6 SULAIMAN AGED 44 YEARS S/O ALI, KIZHAKKUMPURAM, KUNDOORKKUNNU PO, THACHANATTUKARA-1 VILLAGE, MANNARKKAD TALUK, PALAKKAD DISTRICT, PIN - 678583
7 T. MOHAMMADALI AGED 44 YEARS S/O KOYA, KIZHAKKUMPURAM, KUNDOORKKUNNU PO, THACHANATTUKARA-1 VILLAGE, MANNARKKAD TALUK, PALAKKAD DISTRICT, PIN - 678583
8 MOHAMMED ALI SAKHAFI AGED 37 YEARS S/O MOIDEEN, KIZHAKKUMPURAM, KUNDOORKKUNNU PO, THACHANATTUKARA-1 VILLAGE, MANNARKKAD TALUK, PALAKKAD DISTRICT, PIN - 678583
9 T. MOIDUTTY AGED 31 YEARS S/O MOHAMMED, THAZHATHETTUMMAL HOUSE, KIZHAKKUMPURAM, KUNDOORKKUNNU PO, THACHANATTUKARA-
1 VILLAGE, MANNARKKAD TALUK, PALAKKAD DISTRICT, PIN - 678583
10 THE KERALA STATE WAQF BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, NEAR INTERNATIONAL STADIUM, KALOOR, ERNAKULAM, PIN -
682017 BY ADVS.
SIVADASAN T FOR R1 & R2 P.K.MOHAMMED PUZHAKKARA FOR R3 TO R9 OTHER PRESENT:
SRI.JAMSHEED HAFIZ- SC FOR R10 THIS CRP (WAKF ACT) HAVING BEEN FINALLY HEARD ON 03.10.2024, ALONG WITH CRP (WAQF) NO.22/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &
THE HONOURABLE MR. JUSTICE EASWARAN S.
RD THURSDAY, THE 3 DAY OF OCTOBER 2024 / 11TH ASWINA, 1946 CRP(WAKF) NO. 22 OF 2024 AGAINST ORDER DATED 6.12.2023 IN WOS NO.60/2019 OF WAQF TRIBUNAL, KOZHIKKODE REVISION PETITIONERS/PLAINTIFFS:
1 YOUSUF C.H AGED 46 YEARS S/O (LATE) MEERAN KUNHI, MEMBER, HADDAD JUMA MASJID CHINNAMOGARU, RESIDING AT CHINNAMOGARU, HEROOR VILLAGE, KARASARAGOD TALUK, KASARAGOD DISTRICT, PIN - 671324
2 ABDULLA C.H.
AGED 47 YEARS S/O LATE YOUSUF, MEMBER, HADDAD JUMA MASJID CHINNAMOGARU, RESIDING AT CHINNAMOGARU, HEROOR VILLAGE, KARASARAGOD TALUK, KASARAGOD DISTRICT, PIN - 671324
3 ABDULRAHIMAN AGED 45 YEARS S/O LATE IDDINKUNHI, MEMBER, HADDAD JUMA MASJID CHINNAMOGARU, RESIDING AT CHINNAMOGARU, KAYYER VILLAGE, KARASARAGOD TALUK, KASARAGOD DISTRICT, PIN - 671324
4 MOHAMMED HANEEF AGED 43 YEARS S/O MOIDEEN KUNHI, MEMBER, HADDAD JUMA MASJID CHINNAMOGARU, RESIDING AT CHINNAMOGARU, KAYYER VILLAGE, KARASARAGOD TALUK, KASARAGOD DISTRICT, PIN - 671324 BY ADV R.RAMADAS RESPONDENTS/DEFENDANTS:
1 BADRIYA JUMA MASJID HEROOR, REPRESENTED BY THE PRESIDENT SRI. MOHAMMED SHAFI AGED 55 YEARS S/O IBRAHIM HAJI, RESIDING AT HEROOR VILLAGE AND POST, KASARAGOD TALUK, KASARAGOD DISTRICT, PIN -
671324
2 HADDAD JUMA MASJID CHINNAMOGARU, REPRESENTED BY THE PRESIDENT YOUSUF THOTTEM AGED 70 YEARS S/O IBRAHIM, HEROOR VILLAGE AND POST, KASARAGOD TALUK, KASARAGOD DISTRICT, PIN - 671324
3 THE SECRETARY HADDAD JUMA MASJID CHINNAMOGARU, HEROOR VILLAGE AND POST, KASARAGOD TALUK, KASARAGOD DISTRICT,, PIN - 671324
4 THE KERALA STATE WAKF BOARD REPRESENTED BY CHIEF EXECUTIVE OFFICER, VIP ROAD, KALOOR, KOCHI, PIN - 682017 BY ADVS.
SIVADASAN T FOR R2 Jamsheed Hafiz OTHER PRESENT:
SRI. JAMSHEED HAFIZ- SC FOR R4 THIS CRP (WAKF ACT) HAVING BEEN FINALLY HEARD ON
03.10.2024, ALONG WITH CRP (WAQF) NO.10/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
AMIT RAWAL & EASWARAN S., JJ.
------------------------------------
CRP (Waqf) Nos.10 & 22 of 2024 -------------------------------------
Dated this the 3rd day of October, 2024
O R D E R
Easwaran S.,J.
This order of ours shall dispose of two Civil Revision Petitions (Waqf), since common questions of law are raised in both these petitions.
2. CRP(Waqf) No.22/2024 is filed by the plaintiffs in W.O.S No.60/2019 before the Waqf Tribunal, Kozhikkode. The said suit was filed for a permanent prohibitory injunction restraining the defendants, their men and agents from changing the syllabus or the prescribed books of Samastha Kerala Islam Matha Vidhyabhyasa Board or otherwise interfering with the teaching of the aforesaid syllabus to the students attending the Madrassa of defendants 2 & 3. The suit was originally filed before the Additional Munsiff's Court, Kasaragod as O.S.No.320/2010. But, subsequently, the plaint was returned for want of jurisdiction. The revision petitioners/plaintiffs claimed that they are members of the general body and beneficiaries of the 2nd defendant Waqf, namely Haddad Juma Masjid, Chinnamogaru. The 2nd defendant waqf was functioning under the 1st defendant Mahallu Jama-ath, namely Badriya Juma Masjid Heroor. During the period 1990, permission was obtained from Badriya Juma Masjid for starting juma prayers in the 2nd defendant waqf. An agreement was entered into wherein it is specifically stated what should the syllabus be followed in the Madrassa. Since there were attempts to change the syllabus, the plaintiffs/revision petitioners approached the Waqf Tribunal. The defendants entered appearance and contested the claim. The Waqf Tribunal, after adverting to the various contentions raised in the suit, came to the conclusion that in the matter as to whether a particular syllabus to be followed or taught in the Madrassa cannot be described as a dispute relating to the Waqf and no suit or injunction would lie.
3. In CRP(Waqf) No.10/2024, the revision petitioners are plaintiffs in W.O.S.No.441/2019 on the files of Waqf Tribunal, Kozhikkode. The 1st defendant is Kizhakkumpuram Jama ath Pally Committee. The revision petitioners/plaintiffs submit that they are mahal members and beneficiaries of Kizhakkumpuram Jama-ath Mosque. The Madrassa, namely Irshad Subiyan Madrassa, constituted in the year, 1981, is functioning under the said waqf. The 1st defendant Committee had submitted an application on 10.8.1981 before the Samastha Kerala Islam Matha Vidhyabhyasa Board and obtained a certificate of recognition on 29.8.1981. The registration number issued by the Board to the Madrassa is 4408, and the Board is the subordinate wing of Samastha Kerala Jamiyyathul Ulama at Kozhikkode. The suit was instituted at a time when there was an attempt made by the defendants to change the syllabus being taught in the Madrassa. The Tribunal after adverting to the pleadings on record, came to the same conclusion that the question as to whether a particular syllabus has to be taught in a Madrass cannot be a subject matter of dispute falling within the definition under Section
3(r) of the Waqf Act, 1995 and accordingly, dismissed the suit.
4. We have heard Sri.R.Ramadas, the learned counsel appearing for the revision petitioners in these petitions; Sri.Jamsheed Hafiz, the learned Standing Counsel appearing for the Waqf Board; Sri.K.M.Firoz, learned counsel appearing for the 2nd respondent in CRP (Waqf) No.22/2024; Sri.T.Sivadasan, learned counsel appearing for respondent Nos.1 & 2 in CRP (Waqf) No.10/2024 and Sri.Mohammed Puzhakkara, learned counsel appearing for respondent Nos.3 to 9 in CRP (Waqf) No.10/2024.
5. The learned counsel appearing for the revision petitioners brought to the notice of this Court a judgment of the Hon'ble Supreme Court in Board of Wakf, West Bengal v. Anis Fatma Begum & Anr [2010 (4) KHC 866]. With specific reference to paragraph No.14 of the judgment of the Hon'ble Apex Court, the learned counsel for the revision petitioners would point out that the Waqf Tribunal can decide all disputes, questions or other materials relating to Waqf or Waqf property. Paragraph No.14 of the aforesaid judgment
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