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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ
KHADER – Appellant
Versus
KERALA STATE WAQF BOARD – Respondent
| Table of Content |
|---|
| 1. challenge against waqf board's order. (Para 1) |
| 2. hearing and argument details. (Para 2) |
| 3. explanation of statutory provisions related to waqf. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 4. final ruling on maintainability and tribunal appeal. (Para 9) |
Anil K. Narendran, J.
The petitioners have filed this writ petition, invoking the extra ordinary jurisdiction under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P11 order dated 10.01.2024 passed by the 2nd respondent Kerala State Waqf Board in E.P.No.4712/CR/12; a writ of mandamus commanding the 1st respondent State Waqf Board to pass fresh orders in E.P.No.4712/CR/12, taking a pragmatic approach and in accordance with the provisions of the Waqf Act, 1995 , as it stood before the Amendment Act No.27 of 2013, considering the fact that all the mandates required for sanctioning the exchange of property proposed therein were completed much prior to the said amendment and that, the said amendment had no retrospective effect. In the writ petition, the petitioners would place reliance on Ext.P12 judgment dated 04.02.2025 of a Division Bench of this Court in W.P.(C)No.36695 of 2024 and Ext.P13 order d
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