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2025 Supreme(Online)(Ker) 57807

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, G. GIRISH, JJ
MABUDAUL-ULOOM MADRASSA COMMITTEE AREEKAD, REPRESENTED BY ITS SECRETARY - ASSAINAR HAJI – Appellant
Versus
KERALA STATE WAQF BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER – Respondent


Advocates:
For the Appellants/Petitioners: R.RAMADAS
For the Respondents: JAMSHEED HAFIZ, SC, WAQF BOARD

Table of Content
1. overview of the case and context. (Para 1 , 2)
2. court observations on the necessity of the waqf orders. (Para 4)
3. the legality of the tribunal's decision not to interfere. (Para 6 , 8)

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 1st 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 Commiss

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