IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR WEDNESDAY, THE 2^ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 CRP(WAKF) NO. 4 OF 2023 AGAINST THE ORDER/JUDGMENT DATED 20.10.2022 IN WOA NO.19 OF 2021 OF WAKF TRIBUNAL, KOZHIKODE REVISION PETITIONERS/APPELLANTS 1 AND 2:

1 VALAVU MAHALLU JAMA ATH COMMITTEE REPRESENTED BY ITS GENERAL SECRETARY MUSTHAFA V.A. MULLCORKARA P.O.

VALAVU AMSOM, DESOM, THRISSUR-, PIN - 680583

2 P.M.ALI AGED 60 YEARS, S/O.MUHAMMED PRESIDENT, VALAVU MAHALLU JAMA ATH COMMITTEE, MULLCORKARA P.O., THRISSUR-, PIN - 680583 BY ADVS.

P.K.MOHAMMED PUZHAKKARA NIMI M.S.

RESPONDENTS / RESPONDENT S :

1 KERALA STATE WAQF BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, KERALA STATE WAQF BOARD, V.I.P. ROAD, KALOOR, KOCHI, PIN - 682017

2 ASHRAF K.H.

AGED 44 YEARS, S/O.HAMZA, 14/772, KONDAZHI PLAKKAL VEEDU, AATTCOR P.O., THALAPPILLY TALUK, VALAVU AMSOM, DESOM, TRICHUR, PIN – 680583

3 ASHRAF T.M.

S/O.MARAKKAR, THOTTUNGAL HOUSE, AATTOOR P.O., THALAPPILLY TALUK, VALAVU AMSOM, DESOM, TRICHUR, PIN - 680583

4 ALI K.M S/O NOT KNOWN KONDAZHI PLAKKAL VEEDU, MULLOORKARA P.O., THALAPPILLY TALUK, MULLCORKARA AMSOM, DESOM, TRICHUR-, PIN - 680583

5 SULAIMAN P.V S/O.NOT KNOWN PALATHINKAL VEEDU, AATTCOR P.O., THALAPPILLY TALUK, VALAVU AMSOM, DESOM, TRICHUR-, PIN - 680583

6 THE DIVISIONAL WAQF OTFFICER KERALA STATE WAQF BOARD, DIVISIONAL OFFICE, KOKKALA, THRISSUR, PIN - 680021 BY ADVS.

P.A.ABDUL JABBAR MUHAMMED SHAFFI(K/1201/2012)

SRI. JAMSHEED HAFIZ-SC THIS CRP (WAKF ACT) HAVING BEEN FINALLY HEARD ON

02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

AMIT RAWAL, J.

1. Respondent Nos.2, 3 and 4 had filed O.P.No.78 of 2013 against the Valavu Mahallu Jama-ath Committee, Thrissur, for not rendering the services and accepting the subscription from the members and it was based upon the fact that despite interim order there was no compliance. I.A. bearing No.88 of 2013 was filed to initiate the prosecution steps against the respondents. Accordingly, the prosecution steps were taken against the respondents. However, on 12.08.2021 Annexure-A3 order was passed by the Wakf Board introducing Sri.P.M.Ali the Secretary selected in 2021 of the Jama-ath as prosecutor and issued a show cause notice to the present secretary reflecting inclination to initiate action. The aforementioned orders were assailed before the Central Administrative Tribunal by the following memo of parties:

Applicants

1. Valavu Mahallu Jamaath Committee Represented by its General Secretary, Musthafa V.A, Mulloorkara P.O., Valavu amsom desom, Thrissur-680 583.

2. P.M. Ali, S/o. Muhammed, aged 58 years, President Valavu Mahallu Jama ath Committee, Mulloorkara P.O., Valavu amsom desom, Thrissur.

3. Muhammedkutty K.A., Kuttiyam Muchil Veedu, Attoor P.O., Thrissur-680 583 (Died).

Muhammed Kutty unfortunately died. Sri.Sulaiman.P.V, who was arrayed as respondent No.2 in the proceeding before the Wakf Board did not assail because show cause notice was never issued. The show cause notice is probably based as discerned from the order of the Tribunal rejecting the appeal on subsequent order of 2019 in O.A.No.139 of 2019 where the applicants were refusing the service of the Jama-ath to the respondents who were the applicants before the Wakf Tribunal and the family members.

2. The argument of the learned counsel for the petitioners is that the order of the Tribunal is based upon the interim order in 2019 whereas the petitioner No.2 has been elected on 15.01.2021. There is no such allegation of not providing the services or refusing the subscription or not permitting the family members to cause burial, therefore, the prosecution proceedings against the newly elected body could not be initiated, order of the Tribunal is wholly uncalled for.

3. On the other hand, learned counsel appearing on behalf of the applicants before the Wakf Board supported the order and submitted that all the elected members have been following the s