Interim orders affecting substantial rights are appealable under Section 5(i) of the Kerala High Court Act, emphasizing jurisdictional authority of the Waqf Board over properties claimed as non-Waqf.

JUDGMENT

[ WA Nos.2816/2025 & 34/2026]

Muralee Krishna S., J.

These intra-court appeals are filed under Section 5 (i) of the Kerala High Court Act, 1958 , by the 4^th respondent in W.P.(C)No.13024 of 2025, challenging the respective interim orders dated 18.11.2025 and 01.04.2025 passed in that writ petition.

2. The 1^st respondent-writ petitioner filed W.P.(C)No.13024 of 2025 under Article 226 of the Constitution of India, seeking the following reliefs:

“(i) issue a writ of mandamus or any other writ, order or direction to the 1^st respondent to approve the appointment of Sri.T.Moideenkutty as Manager of the schools as provided in Rule 4(1) and (2A) of Chapter III of the Kerala Education Rules.

(ii) Declare that the Tharbiyathul Islam Sangham, Parappur and the schools AUP school, IU High School and IU HSS are not wakf property and hence the 2^nd respondent has no jurisdiction to interfere in the election and administration of the petitioner society and the schools.

(iii) Issue a writ of prohibition or any other writ, order or direction to the 2^nd respondent to interfere in the administration of the petitioner Society.

(iv) Issue a writ of mandamus or any other writ, order or direction to the 1^st respondent to consider the approval of Sri.T.Moideenkutty as Manager of the schools untrammeled by Ext.P5 of the Wakf Board.”

3. Going by the averments in the writ petition, the 1^st respondent-writ petitioner is the Secretary of a registered Society conducting aided schools. The President of the Society will be the Manager of the schools. From 2014 onwards, the President of the Society, namely one T.Moideenkutty, who is not a party to the writ petition, is the Manager of the school. As per the byelaw, the tenure of the Managing Committee is only two years. Hence, the District Educational Officer extended the approval of the President as Manager till 30.01.2025. Thereafter, the District Educational Officer did not approve the Manager, stating Ext.P5 order dated 30.05.2024 passed by the Kerala State Wakf Board in O.P.No.115 of 2024 filed by one Abduraheem and the appellant herein restraining the Society from conducting the election. According to the 1^st respondent-writ petitioner, the Society and the schools are not Wakf properties. By Ext.P8 letter dated 19.02.2025, issued under the provisions of the Right to Information Act it was informed by the Kerala State Wakf Board that the Society and the school have not registered with the Kerala State Wakf Board. Since the Society and the schools are not registered under the Waqf Act , the Kerala State Wakf Board or the Wakf Tribunal have no power to interfere in the administration of the Society and the schools. Hence, Ext.P5 order dated 30.05.2024 of the 3^rd respondent, the Kerala State Wakf Board, restricting the election to the societies is illegal and arbitrary. Moreover, the approval of the Manager of the schools is also kept pending, and accordingly, the day-to-day works and administration of the schools are also in trouble. As per Rule 4(1) and 4(2A) of Chapter III of the Kerala Education Rules, 1959 , the District Educational Officer has a duty and obligation to approve the Manager. However, the District Educational Officer did not approve the approval of the Manager. With these pleadings, the 1^st respondent-petitioner filed the writ petition.

4. In the writ petition, the appellant-4^th respondent filed a counter affidavit dated 10.07.2025 opposing the relief sought and producing therewith Exts.R4(a) to R4(c) documents.

Paragraphs 4 to 12 of that counter affidavit read thus:

“4. It is respectfully submitted that the s