The Waqf Board lacks inherent power to review decisions under the Waqf Act, 1995; aggrieved parties must seek remedies via statutory Waqf Tribunal.

Anil K. Narendran, J.

The petitioners, namely, Vakkom Padinjare Muslim Jama-

ath, which is a waqf registered with the 1^st respondent Kerala State Waqf Board, its President and General Secretary, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1^st respondent Kerala State Waqf Board to accept and consider Ext.P5 review petition. Ext.P5 review petition is one filed by the petitioners herein, along with two others, invoking the provisions under Section 114 read with Order XLVII Rule 1 of the Code of Civil Procedure, 1908, seeking review of Ext.P3 order dated 18.12.2025 of the State Waqf Board in I.A.No.182 of 2025 in O.P.No.108 of 2023.

2. Heard arguments of the learned counsel for the petitioners and also the learned Standing Counsel for Kerala State Waqf Board for the respondents.

3. The learned counsel for the petitioners would contend that the State Waqf Board is having inherent powers to review Ext.P3 order dated 18.12.2025 in I.A.No.182 of 2025 in O.P.No.108 of 2023, when error apparent on the face of the record is pointed out. Therefore, the petitioners are entitled to the direction, as sought for in this writ petition, i.e., a writ of mandamus commanding the 1^st respondent State Waqf Board to entertain Ext.P5 review petition.

4. On the other hand, the learned Standing Counsel for the Kerala State Waqf Board would point out that the absence of a power of review conferred on the 1^st respondent State Waqf Board under the provisions of the Waqf Act, 1995 , as amended by the Waqf (Amendment) Act, 2025. The learned Standing Counsel would also point out that petitioners 4 and 5 and respondents 1 to 4 in Ext.P5 review petition are not made parties to this writ petition.

5. The Waqf Act, 1995 , which was re-named as the United Waqf Management, Empowerment, Efficiency and Development Act, 1995, vide Waqf (Amendment) Act, 2025, is enacted by the Parliament to provide for the better administration of Auqaf and for matters connected therewith or incidental thereto. Section 32 of the Act deals with the powers and functions of the State Waqf Board. As per sub-section (1) of Section 32 , subject to any rules that may be made under this Act, the general superintendence of all Auqaf in a State shall vest in the Board established or the State; and it shall be the duty of the Board so to exercise its powers under this Act as to ensure that the Auqaf under its superintendence are properly maintained, controlled and administered and the income thereof is duly applied to the objects and for the purposes for which such Auqaf were created or intended.

6. Section 83 of the 1995 Act deals with the constitution of Tribunals, etc. As per sub-section (1) of Section 83 , the State Government shall, by notification in the Official Gazette, constitute as many Tribunals as it may think fit, for the determination of any dispute, question or other matter relating to a waqf or waqf property, eviction of a tenant or determination of rights and obligations of the lessor and the lessee of such property, under the Act and define the local limits and jurisdiction of such Tribunals. As per the proviso to sub-section (1) of Section 83 , any other Tribunal may, by notification, be declared as the Tribunal for the purposes of this Act.

7. As per sub-section (2) of Section 83 of the 1995 Act, any mutawalli person interested in a waqf or any other person aggrieved by an order made under the Act, or rules made thereunder, may make an application within the time specified in the Act or where no such time has been specified, within such time as may be prescribed, to the Tribunal for the determination of any dispute, question or other matter relating to the waqf. As per the proviso to sub-section (2) of Section