IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR TUESDAY, THE 14^TH DAY OF JANUARY 2025 / 24TH POUSHA, 1946 CRP(WAKF) NO. 2 OF 2025 AGAINST THE JUDGMENT DATED 19.08.2024 IN OS NO.6 OF

2021 OF WAKF TRIBUNAL, KOZHIKODE REVISION PETITIONER(S)/PLAINTIFF:

P.K. AHAMED KUTTY AGED 64 YEARS S/O. P.A. KUNHAIDRU VAIDYAR, MUTAWALLI, KURAMUGHAM NISKARA PALLI, IRIMBILIYAM, RESIDING AT PERINGATTUTHODIYIL, P.O. IRIMBILIYAM, TIRUR, MALAPPURAM DISTRICT., PIN - 679572 BY ADV K.A.SALIL NARAYANAN RESPONDENT(S)/DEFENDANT 1-8:

1 DR. ABDUL KHADER AGED 50 YEARS S/O. LATE ABDUL HAMEED, MUTAWALLI, DARAS WAKF, DARAZ-UL-ARABIYA, IRIMBILIYAM, RESIDING AT PERINGATTUTHODIYIL KIZHAKKE KALATHIL HOUSE, KAIMALASSERRI, TRIPRANGODE POST, KAIMALASSERY AMSOM DESOM B.P. ANGADI VIA, MALAPPURAM, PIN - 676108

2 K.P. ALAVI AGED 60 YEARS S/O. MOIDEENKUTTY, KOLOTH PARAMBIL HOUSE, P.O.

IRIMBILIYAM, IRIMBILIYAM AMSOM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT, PIN – 679572

3 T.P. MOHAMMED ALI S/O. KUNJENDEEN, THEKKEPALLATH PERINGATTUTHODI HOUSE, IRIMBILIYAM AMSOM DESOM, IRIMBILIYAM P.O., TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 679572

4 P.P. ABDULLA KUTTY S/O. LATE ALAVI MASTER, PADIKKA PARAMBIL HOUSE, IRIMBILIYAM AMSOM DESOM, IRIMBILIYAM P.O., TIRUR TALUK, MALAPPURAM, PIN - 679572

5 YAHOO HAJI S/O LATE BEERAN KUTTY, MANNARAVIL HOUSE, IRIMBILIYAM AMSOM DESOM, IRIMBILIYAM P.O., TIRUR TALUK, MALAPPURAM, PIN - 679572

6 MUHAMMED KUTTY S/O. LATE MOIDEEN KUTTY, NEENDARATHODI HOUSE, IRIMBILIYAM AMSOM DESOM, IRIMBILIYAM P.O., TIRUR TALUK, MALAPPURAM, PIN - 679572

7 ALI S/O. LATE KUNHI MOHAMMED, IRIMBILIYAM AMSOM DESOM, EZHUTHACHAN THODI, PERINGATTUTHODI, IRIMBILIYAM P.O., TIRUR TALUK, MALAPPURAM, PIN - 679572

8 KERALA STATE WAKF BOARD REP. BY ITS CHIEF EXECUTIVE OFFICER, VIP ROAD, KALOOR, KOCHI., PIN - 682017 THIS CRP (WAKF ACT) HAVING BEEN FINALLY HEARD ON

14.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT Amit Rawal,J.

This CRP(Wakf) has been filed against the judgment in OS No.6 of 2021 of the Waqf Tribunal, Kozhikode with condonation of delay of 17 days. The claim set up by the petitioner-plaintiff was for Muthawalliship and as well as the scheduled property being not waqf property. The case of Muthawalliship in view of the judgment of the Supreme Court in S.V.Cheriyakoya Thangal Vs. S.V.P.Pookoya and Others in Civil Appeal No.4629 of 2024, cannot be decided by the Tribunal. Even the counter claim was also dismissed.

2. In view of the judgment, cited supra, the controversy with regard to the Muthawalli has to be decided by the Waqf Board. Without expressing any opinion on the merits and demerits on the oral and documentary evidence, we relegate the parties to appear before the Waqf Board. The Waqf Board is directed to decide the suit afresh in accordance with law.

Sd/-

AMIT RAWAL, JUDGE sab K. V. JAYAKUMAR, JUDGE