Waqf Board must follow waqf deed directions and conduct enquiry with notice before registering mutawalli.

Respondents 2 to 6 in W.O.A.No.40 of 2019 on the file of the Wakf Tribunal, Kozhikode have filed this M.F.A(Waqf), invoking the provisions under sub-section (9) of Section 83 of the Waqf Act, 1995 , which was re-named as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995 (for brevity ‘the 1995 Act’), vide Waqf (Amendment) Act, 2025, challenging the order dated 20.01.2026 of the Tribunal in that W.O.A, which was one filed by the 1^st respondent herein, invoking the provisions under sub-section (2) of of the 1995 Act, challenging the order dated 17.10.2006 of the 3^rd respondent Kerala State Waqf Board.

2. The Tribunal, by the impugned order dated

20.01.2026, allowed W.O.A.No.40 of 2019. Paragraphs 19 and also the last paragraph of that order read thus;

“19. The learned counsel for the applicant argued that the 1^st respondent Waqf Board failed to comply Section 32 (1) of the Waqf Act as well, wherein it is specifically provided that “in exercising its powers under this Act in respect of any waqf, the Board shall act in conformity with the directions of the waqif, the purpose of waqf and usage or custom of the waqf sanctioned by the school of Muslim Law to which the waqf belongs to. Here, in Ext.A14, the waqf deed, the waqif styled him as the lifetime mutawalli of the waqf property and he has specifically stated the rule of succession of the said waqf in the said document. it is the settled law that while exercising the power of superintendence including the appointment of mutawaalli, the Board has no absolute power, instead thereon the Board is under duty to follow the directions of the waqif as contained the waqf deed and if the waqif is not appointed by way of waqf deed, it shall be governed by the customs and usage of the waqf. So the Waqf Board cannot act according to its will rather it has to act in conformity with the directions in the waqf deed, if any. Here, on going through the waqf deeds referred in the application for registration, it is revealed that the name of the applicant has been shown as the lifelong mutawalli of the waqf. But, the Waqf Board registered the property in the name of the 2^nd respondent committee, against the stipulation in the waqf deed, without issuing notice to the applicant and without giving him an opportunity for hearing. Definitely, Waqf Board has ample power and the authority to enter into a finding regarding the mutawalliship of the waqf properties involved in this case, considering the records and submission on both sides. But there is no evidence before the Tribunal to find that, before the registration, the waqf Board had entered into a finding regarding the right of mtuawalliship over these waqf properties, after conducting an enquiry and hearing both parties. In the said circumstance, we found that the order of the Waqf Board is not sustainable in law and it suffers from impropriety and illegality and hence the same is liable to be set aside. So the Original Application is liable to be allowed.

In the result, the Original Application is allowed. The order of the Waqf Board dated 17.10.2006 whereby the Board registered the Waqf showing the 2^nd respondent committee as the mutawalli of the waqf without hearing the petitioner is set aside and the Board is directed to conduct enquiry regarding the mutawalliship after giving notice to the applicant and the 2^nd respondent committee and register the waqf afresh as provided in the Waqf Act.”

3. In paragraphs 17 and 18 of the impugned order dated

20.01.2026, the Tribunal dealt with the contentions raised by both sides. Paragraphs 17 and 18 of the said order read thus;

“17. In view of the contentions and arguments, we shall go through the documents submitted before the Waqf Board for registration. Ext.A2 series are the extract of the registration of the waqf and it contains the