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2026 Supreme(Online)(Ker) 1975
IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ
MIRSHAD. M.P – Appellant
Versus
BALUSSERY MAHALLU MUSLIM JAMA-ATH REPRESENTED BY ITS ALLEGED SECRETARY, ABDUL JALEEL M.K – Respondent
WP(C) NO. 48081 OF 2025
For the Appellants/Petitioners: SRI.M.PROMODH KUMAR, SMT.MAYA CHANDRAN
For the Respondents: SC, WAKF BOARD
A writ of mandamus cannot be issued against the Waqf Tribunal under Article 226; appropriate remedies must be pursued through designated forums.
Headnote:This judgment pertains to a writ petition seeking to restrain elections of the 1st respondent until the Waqf Tribunal resolves pending cases. The court ruled that a writ of mandamus cannot be requested against the Waqf Tribunal and dismissed the petition as non-maintainable. It emphasized proper avenues for grievances per regulations governing the Waqf Tribunal.
| Table of Content |
|---|
| 1. writ petition serves the petitioners' interests. (Para 1) |
| 2. court's analysis of jurisdiction in writ petitions. (Para 2) |
| 3. waqf tribunal lacks writ jurisdiction. (Para 3) |
| 4. the court's final ruling on the petition. (Para 4) |
Anil K. Narendran, J.
The petitioners, who are members and beneficiaries of the
1st respondent, Balussery Mahallu Muslim Jama-ath, have filed this writ petition, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India , seeking the following reliefs;
a) Issue a writ of mandamus or any other writ order or direction directing the respondents not to conduct election as per Ext.P6 till the Waqf Tribunal, Kozhikode taking a decision in W.O.S No.29 of 2023 following Ext.P2 judgment; b) Issue a writ of Mandamus directing the Wakf tribunal Kozhikode to take up W.O.S No.29 of 2023 and dispose of the same on merits in the light of Ext. P2 and P3 Judgments
2. Heard arguments of the learned counsel for the petitioners and the learned Standing Counsel for Kerala State Waqf Board for the 17th respondent.
3. In this writ petition, filed under Article 226 of the Constitution of India , the petitioners are seeking a writ of mandamus against the Wakf Tribunal, Kozhikode, in respect of W.O.S.No.29 of 2023 pending before that Tribunal. A writ of mandamus cannot be sought against the Waqf Tribunal, invoking the writ jurisdiction under of the . In case the petitioner is feeling aggrieved by the conduct of election by appointing a Returning Officer and Assistant Returning Officer vide Ext.P6 notification dated 10.12.2025, he has to approach the State Waqf Board or the Waqf Tribunal seeking appropriate reliefs, instead of invoking the writ jurisdiction of this Court under of the .
4. In such circumstances, this writ petition is dismissed on the ground of maintainability; however, without prejudice to the aforesaid rights of the petitioner.
The legal and factual contentions raised by the petitioners are left open to be raised before the appropriate forum at the appropriate stage.
Sd/-
