Disputes regarding waqf matters must be addressed in designated tribunals rather than in High Court directly.

Anil K. Narendran, J.

The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P7 communication dated 03.02.2026 issued by the 2^nd respondent Kerala State Waqf Board, through the 3^rd respondent Chief Executive Officer, whereby the Waqf Board has reiterated its earlier stand in the decision taken by the Board on 04.02.2025, a copy of which was enclosed along with Ext.P4 communication dated 03.03.2025 issued by the 2^nd respondent State Waqf Board, through the 3^rd respondent Chief Executive Officer. The petitioner has also sought for a writ of mandamus commanding the respondents to exempt the petitioner from remitting the security deposit in respect of the building constructed in the property of Padiyath Puthenkattil Veeran Haji Waqf-Al-Al-Aulad, which is a waqf registered with the State Waqf Board; and a declaration that the petitioner is not entitled to remit the security deposit, as envisaged in Rule 8 of the Waqf Properties Lease Rules, 2014, since the petitioner has already invested Rs.10.72 lakhs for the development of the Waqf property. Ext.P7 communication is one issued based on Ext.P6 petition dated 31.07.2025 filed by the petitioner, seeking review of the decision dated 04.02.2025 taken by the State Waqf Board.

2. Heard arguments of the learned counsel for the petitioner, the learned Senior Government Pleader for the 1^st respondent State and also the learned Standing Counsel for the Kerala State Waqf Board for respondents 2 to 4, on the question of maintainability of this writ petition.

3. The Waqf Act, 1995 , which was re-named as the Unified 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 , 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. Section 47 of the Act deals with the audit of accounts of Auqaf; Section 63 deals with the power to appoint Mutawallis in certain cases; Section 69 deals with the power of the Board to frame a scheme for the administration of waqf; (4) deals with the power of the Board to cancel or modify the scheme; and Section 70 deals with inquiry relating to administration of waqf.

4. Section 83 of the 1995 Act deals with the constitution of Tribunals, etc. As per sub-section (1) of , 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 , any other Tribunal may, by notification, be declared as the Tribunal for the purposes of this Act.

5. 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 wher