The court emphasized timely compliance with procedural rules in administrative proceedings, particularly regarding public interest matters.

JUDGMENT

Muralee Krishna, J.

The applicant in O.A.No.134 of 2025 before the Wakf Tribunal Kozhikode, filed this original petition under Article 227 of the Constitution of India, seeking the following relief:

“To issue an order or direction directing the Wakf Tribunal, Kozhikode, to consider Ext.P12 interim application seeking stay of Ext.P10 impugned order and pass orders expeditiously and at any rate within such reasonable time as may be fixed by this Hon’ble Tribunal”.

2. Going by the averments in the original petition, the petitioner is a Wakf registered with the 1^st respondent Wakf Board under registration No. 1384/RA, having 6.56 Acres of property. Out of 6.56 Acres of property, an extent of 34 cents comprised in Sy No. 71/3 was leased to run a footwear unit for ₹17,380/- per month and another to operate an auditorium established in 1.25 Acre with a car park in the remaining 2 Acres for ₹75,000. This lease granted by the earlier Committee was in violation of the provisions of the Waqf Act and Rules. One Mr. Abdurahiman, a beneficiary of the Wakf and a member of the Mahal, made a complaint before the 1^st respondent and got the matter enquired.

Wakf inspector filed a report on 13.12.2016 stating that Wakf property is given on lease without the sanction of the General Body and without obtaining the permission of the Wakf Board. The 1^st respondent, thereupon vide notification dated 11.05.2018, invited tender giving an opportunity to the 2^nd respondent to participate in the tender. 2^nd respondent submitted his tender offering ₹15,000/- as rent for auditorium with car parking. Against this offer, 4 quotations ranging from ₹1,10,313/- to ₹2,11,050/- were received. With a view to ensure the lease in favour of the 2^nd respondent, the 1^st respondent entered into a negotiation and fixed the rent for ₹2,12,05/- in favour of the 2^nd respondent by a mere increase of ₹1000/- from what was offered by Youth Voice Educational Society. The tender so finalised in favour of V.K. Kunjumuhammed is for 10 years from October 2018. Under Clause 7(r) of Ext.P6 Lease Agreement, the Lessee has irrevocably declared and undertaken that he shall at no time make “any application for refixation of the rent payable herein” and that “the undertaking and acceptance of the Lessee constitutes the fundamental essence of this Agreement” and “If the Lessee makes any challenge to the same as aforesaid” “this Agreement shall forthwith and without any further act on the part of the Lessor stand terminated and shall come to an end at the cost, damage and liability of the Lessee.” Notwithstanding such an undertaking and consequence of its violation, the 2^nd respondent approached the Wakf Board with an application requesting for waiving the rent for the period from 2019-2020 to 2021-2022. The matter was placed before the Board, and the Board issued notice to the petitioner. The petitioner submitted objections. The 1^st respondent, without considering Ext.P9 and P9(a), proceeded to pass Ext.P10 order allowing all the reliefs sought by the 2^nd respondent in Ext.P7. Ext.P10 order of the 1^st respondent is without jurisdiction and against the interest of the Wakf. Ext.P10 order is passed in violation of the terms of Ext.P6 lease deed. Ext.P10 was passed without taking into account the objection filed by the petitioner. The property leased out to generate income is for running the Daras as per the wishes of the Waqif. The monthly expenses for food alone come to ₹58,000/- to ₹60,000/-, and ₹17,500/- as the salary of the cook. The teacher’s salary would come around ₹25,000/-. Minimum ₹1,10,000/- is required for meeting the basic requirements to run the present Daras. With Ext.P10 order, the 2^nd respondent is not paying any r