The Waqf Tribunal's directives for property measurement and police assistance are lawful in light of obstruction by committee members.

Anil K. Narendran, J.

This appeal arises out of the order dated 04.11.2025 of the Waqf Tribunal, Kozhikode in W.O.A.No.136 of 2024, which was one filed under Section 83 (9) of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995 , challenging the order dated 26.11.2024 of the 1^st respondent Kerala State Waqf Board in I.A.Nos.334 and 335 of 2024 in O.P.No.3 of 2023.

2. O.P.No.3 of 2023 is filed by respondents 2 to 6 herein before the Waqf Tribunal, seeking a direction to conduct election to the Mabda-Ul-Uloom Madrassa Committee, Areekad, by appointing a Returning Officer, for conducting a fair election, for auditing the accounts of the Waqf, for conducting an overall enquiry regarding the Waqf and for other incidental reliefs. Along with the original petition, the petitioners filed an application for appointing an Advocate Commissioner for local inspection and the State Waqf Board appointed an Advocate Commissioner. The report filed by the Advocate Commissioner was remitted back, at the instance of the petitioners in O.P.No.3 of 2023. The Advocate Commissioner filed the second report on 29.07.2024. Thereafter, the petitioners therein filed I.A.No.334 of 2024, seeking an order directing the Tahsildar (Land Records), Tirur Taluk, to assist the Advocate Commissioner for ascertaining the properties of the Madrassa Committee and to provide the whole document pertaining to Deed No.1017/1968 of the Sub Registrar Office, Tirur. On 04.07.2024, the Advocate Commissioner and the Taluk Surveyor visited the property. They also filed I.A.No.335 of 2024, seeking necessary police assistance to the Advocate Commissioner and Surveyor for executing the warrant of commission issued by the State Waqf Board. It is alleged that, the 2^nd and 3^rd appellants herein, who are the Secretary and President of the Madrassa Committee, restrained the Advocate Commissioner and Taluk Surveyor from entering into the property.

3. The 1^st appellant herein (1^st respondent in O.P.No.3 of 2023), filed counter in the interlocutory applications, opposing the reliefs sought for. The State Waqf Board passed an order dated 26.07.2024 in I.A.Nos.334 of 2024 and 335 of 2024, whereby Tahsildar (Land Records), Tirur was directed to assist the Advocate Commissioner along with all connected documents in his office with regard to document No.1017/1968 of the Sub Registrar Office, Tirur, and measure out the property mentioned in the said document and to find out encroachment, if any, in that property. If the property is not in possession of the Waqf, the details of persons with whom the property is with has to be reported. In conducting such a survey, the Station House Officer, Thanoor Police Station was directed to provide all necessary assistance and help. Even though two members of the State Waqf Board expressed their dissenting opinion in the above two interlocutory applications, it was made clear that the decision of the majority members of the State Waqf Board, as stipulated under Section 17 of the Act, is the decision of the Board.

4. The order dated 26.07.2024 of the State Waqf Board was under challenge in W.O.A.No.136 of 2024 filed by the appellants herein before the Waqf Tribunal. After considering the rival contentions, the Tribunal passed an order dated 04.11.2025 in W.O.A.No.136 of 2024. Paragraph 11 and also the last paragraph of that order read thus;

“11. Here, the O.P. is seen filed by the respondents 2 to 6 before the Waqf Board for ascertaining the alienation of waqf properties and for recovery of the lost properties, if any. Admittedly, a Commissioner was appointed to measure out the properties covered by the documents relied on by the parties and he inspected the property with the assistance of a surveyor and filed the report. In the report