Court emphasizes that ongoing legal avenues are appropriate for challenging administrative orders regarding Wakf management.

JUDGMENT

Muralee Krishna, J.

The petitioner approached this Court with the instant writ petition filed under Article 226 of the Constitution of India , seeking the following reliefs:

“a) Call for the records of the case leading up to Ext.P5 and to quash the same by the issuance of a writ of certiorari or any other appropriate writ, order or direction.

b) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 3 to keep in abeyance Ext.P5 order pending disposal of OP. No.31 of 2013 by the Wakf Board and O.S.No.42 of 2025 and I.A.No.2 of 2025 by the Waqf Tribunal, Kozhikode”.

2. According to the petitioner, he is a Mahal member of Ramanchira Juma-ath Palli @ Anchirakkal Juma-ath Palli. He is the 5^th petitioner in O.P. No.31 of 2013 pending before the Wakf Board. O.P. No. 31 of 2013 has been filed by the petitioner and 5 others as mahal members of the aforesaid Juma-ath Palli, praying for framing a scheme for the administration and management of the wakf. The Mosque by name Ramanchira Juma-ath Palli @ Anchirakkal Juma-ath Palli @ Vellaramethodika Juma-ath Palli is an ancient Mosque came into existence time immemorial. The Karanavans of the Mahal were looking after and managing the affairs of the said Mosque until a society was formed by the name Karipur Ramanchira Juma-ath Palli Committee, which has been registered as a society under the provisions of Societies Registration Act bearing Registration No.228/1990. Subsequently, the above society was dissolved in the year 2004, and the management of the Mosque and other wakf properties was entrusted to the 6-member Adhoc committee, which is also known as the governing body. The above-mentioned 6-member Adhoc committee is in administration and management of the Mosque and other Wakf properties. While so, it was felt by the members of the Mahal that there should be a proper and effective scheme for the administration and management of the Wakf. With that intention, the petitioner and 5 other members of the Mahal filed an application O.P. No. 31 of 2013 before the Kerala State Wakf Board, praying for framing a scheme for the proper management of the wakf. The petition O.P. No.31 of 2013 filed by the Mahal members for framing a scheme for the administration and management of the Mosque and other Wakf properties is still pending for consideration before the Wakf Board. This Court in O.P. (Wakf) No.29 of 2022 filed by the petitioner directed the Wakf Board to take up O.P. No.31 of 2013 and to dispose of the same as expeditiously as possible, at any rate, within a period of 4 months, as per Ext.P1 order dated 16.09.2022. Despite the direction of this Court in Ext.P1 judgment, the Wakf Board has not so far disposed of O.P. No.31 of 2013. Since the Urinal shed attached to the Mosque was in a dilapidated condition, some mahal members filed a petition before the Divisional Officer for constructing a new Urinal shed which will have sufficient space and convenience considering the total number of devotees attending the Juma prayers. The ad hoc committee, in its meeting held on 06.02.2005, decided to construct a urinal shed as early as possible. This can be seen from the Minutes of the ad hoc committee dated 06.02.2025. Thereafter, the ground levelling work and construction of the foundation of the urinal shed were started and completed. The Mahal members had spent a huge amount for the said purpose. However, the 3^rd respondent was taking steps to approve a new project for the construction of a urinal shed in a totally different space, deviating from the decision of the ad hoc committee. The 3^rd respondent is not entitled to change the decision of the ad hoc committee. The 3^rd respondent, Divisional Officer, is only an Ex-Officio Convener of the Ad Hoc committee and has no right or authori