The Kerala State Wakf Board acted outside its jurisdiction by attempting to reopen settled matters concerning property declared not to be Wakf.

JUDGMENT

Muralee Krishna, J.

The petitioners filed this writ petition under Article 226 of the Constitution of India seeking the following reliefs:

“I. Issue a Writ of Certiorari, or any appropriate writ, order or direction in quashing the impugned proceedings of The Chief Executive Officer of the Kerala State Wakf Board No.A9-4317/2016/MLP dated 28.10.2025 (Ext.P5).

II. Issue a Writ of Prohibition, restraining the Chief Executive Officer of Kerala State Wakf Board from initiating or proceeding with any action relating to the Achipra Thangal Jaram/Tomb, which has already been judicially declared not a Wakf.

III. Direct the respondents to strictly comply with Exts.P1, P2, P3, and P4 and refrain from reopening concluded issues. IV. Direct to open offering box and take the income received by the committee after the box was filled and spilled, and direct to pay half of the amount to petitioner”.

2. Going by the averments in the writ petition, the petitioners are the legal heirs of Achipra Thangal Ba-Alavi, who passed away on 14.04.1950, and are the beneficiaries of the income derived from the private family Tomb/Jaram of Achipra Thangal. The Tomb/Jaram and the Thakiya constructed adjacent to the Kuttippuram–Thrissur public road were built and maintained exclusively by the petitioners’ family using their own funds, and the property has always remained under their sole possession, administration, and management. Moreover, it is nothing other than a private tomb and not a Wakf. Historically, the family voluntarily permitted sharing a portion of the income from the Jaram with the Kazhuthalloor Mahallu Committee, based on mutual agreements, including a major settlement in 2008 before Late Muhammad Ali Shihab Thangal Panakkad (Qazi), wherein 50% of the income after expenses had to be given to the Mahallu committee and 50% to the family. This understanding was later reaffirmed by his successor Qazi Hyder Ali Shihab Thangal. Subsequently, certain disputes were raised before the Kerala State Wakf Board by Mr Rasheed. The matter was adjudicated in E.P. No.4317/2016, and by order dated 29.01.2018, the Kerala State Wakf Board confirmed the distribution arrangement and appointed an Executive Officer. The order expressly proceeded on the basis that the Jaram is not a Wakf and directed 50% disbursal to the family. Mr Rasheed challenged the Kerala State Wakf Board’s order before the Wakf Tribunal in W.O.A. No.53 of 2019 , wherein the petitioners were impleaded. After a full-fledged adjudication, the Wakf Tribunal issued a categorical finding that the Achipra Thangal Jaram is not a Wakf property and the Jaram and the Kazhuthalloor Juma Masjid are separate entities. The Masjid Committee has no control over the Jaram, and the administration of the Jaram solely vests with the Achipra Thangal family. The Wakf Tribunal’s judgment dated 11.03.2022 was subsequently affirmed by this Court in C.R.P(Wakf) No.23 of 2023, which was dismissed on 06.11.2023. Later, Mr. Rasheed filed another application before this Court as CRP (Waqf) No.2 of 2024, and the same was also dismissed, thereby upholding the Wakf Tribunal’s decision. Thus, the issue has attained finality, and all competent forums have judicially declared that the Jaram is not a Wakf. Despite this, the Chief Executive Officer of the Kerala State Wakf Board has now issued fresh proceedings dated 28.10.2025 (Ext.P5) purporting to reopen matters concluded in E.P.No.4317 of 2016, raising objections regarding party status, and initiating fresh administrative steps. The impugned action is wholly without jurisdiction, patently illegal, and amounts to revisiting issues conclusively settled by statutory authorities and affirmed by this Court. The Chief Executive Officer of the Kerala State Wakf Boar