An original petition under Article 227 is not maintainable when an alternative remedy is provided under the Waqf (Amendment) Act, 2025.

Anil K. Narendran, J.

The petitioner, who is the 3^rd defendant in W.O.S.No.7 of

2022, on the file of the Waqf Tribunal, Kozhikode, has filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, challenging Ext.P10 order dated 15.12.2025 of the Tribunal in I.A.No.3 of 2025 in W.O.S.No.7 of 2022.

2. In view of sub-section (9) of Section 83 substituted by the Waqf (Amendment) Act, 2025, any person aggrieved by an order of the Tribunal, may appeal to the High Court within a period of ninety days from the date of receipt of the order of the Tribunal.

3. In view of the aforesaid provision, the remedy available to the petitioner for challenging Ext.P10 order dated 15.12.2025 passed by the Waqf Tribunal is to file an MFA (Waqf), invoking the provisions under sub-section (9) of Section 83, substituted by the Waqf (Amendment) Act, 2025 and not an original petition under Article 227 of the Constitution of India.

In such circumstances, this original petition fails on the ground of maintainability and the same is accordingly dismissed; however, without prejudice to the right of the petitioner to challenge Ext.P10 order dated 15.12.2025 of the Waqf Tribunal by filing an MFA (Waqf).

Sd/-