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2023 Supreme(Online)(KER) 22867
HIGH COURT OF KERALA
A. Muhamed Mustaque, SOPHY THOMAS, JJ
VADUTHALA JUMA-ATH EDUCATIONAL TRUST REG. NO.A2/1967 – Appellant
Versus
KERALA STATE WAQF BOARD – Respondent
CRP(WAKF) 20 2023
VAISAKHI V, BABU KARUKAPADATH, M.A. VAHEEDA, BABU P.U. VINOD KUMAR, ARYA RAGHUNATH, T.M. MUHAMMED MUSTHAQ, KARUKAPADATH WAZIM BABU, AJWIN P, LALSON P, LAKSHMI AYSHA E.M.
Waqf authorities may propose management schemes for schools on Waqf property, but implementation must await a Tribunal's final decision on the property's classification.
Headnote:
Waqf - Educational Trust - Waqf Act - Sections related to management of Waqf properties and disputes - The court examined the jurisdiction of the Waqf Board in directing administrative changes concerning a school purportedly on Waqf property, clarifying that implementation of any scheme should await the Tribunal's decision.
Fact of the Case:
The revision petitioners challenged an order by the Waqf Tribunal regarding the administration of Vaduthala Jama-ath Higher Secondary School, which they claimed was run by their Trust independent of Waqf authority.
Finding of the Court:
The Tribunal found no current interference in the school's management and allowed the Waqf Board to frame a scheme for the school's operation, pending a Tribunal decision on the property's status.
Issues: The primary issue was whether the school operated by the Trust was subject to Waqf management due to its alleged location on Waqf property.
Ratio Decidendi: The court held that the framing of a management scheme by the Waqf Board does not imply immediate interference; rather, it allows for a process of administrative structuring pending the Tribunal's ultimate determination on the Waqf status.
Final Decision: The revision petition was disposed of with directives for the Tribunal to conclude the matter promptly.
O R D E R
A.Muhamed Mustaque, J.
This revision was filed challenging an order passed by the Waqf Tribunal, Kozhikode in I.A No.88 of 2023 in W.O.A No.56 of 2022 dated 17.03.2023. The revision petitioners are petitioners before the Tribunal in the above I.A. In that application, they sought stay of operation of the order passed by the Waqf Board dated 13.12.2019. The Waqf Board passed an order to frame a scheme for the administration of Vaduthala Jama-ath Higher Secondary School.
2. The dispute is essentially related to the question whether Vaduthala Kottoor Kattupuram Palli Jama-ath can claim it’s a Waqf or not. The case of Vaduthala Jama-ath Educational Trust is that the above school is exclusively run by the Trust and has nothing to do with the Waqf.
3. In I.A No.88 of 2023, stay was not granted by the Waqf Tribunal mainly noting that there is no interference in the matter of management and administration of the school and the Board has only directed to frame a scheme to run the school by the Jama-ath.
4. Sri.Babu Karukapadath, learned counsel appearing for the revision petitioners, submitted that the school is being run by the Trust for the last more than 50 years, and if stay is not granted, that will amount to interfering in the administration and management of the school.
5. We heard learned counsel appearing for the party respondent as well as the learned Standing Counsel appearing for the Waqf Board.
The school is an aided school. As of now, there is no adverse order against administration or management of the school by the Trust. The Waqf Board ordered framing of the scheme noting that the school is situated in the Waqf property. The question whether it is a Waqf property or not has to be decided by the Tribunal. We are of the view that the process of framing of the scheme can go on. However, in the event scheme is framed, that shall not be implemented till final decision is taken by the Tribunal. We also direct the Tribunal to dispose W.O.A No.56 of 2022 itself within a period of six months, after hearing both sides.
This Civil Revision Petition is accordingly disposed of.
A.MUHAMED MUSTAQUE JUDGE
