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2025 Supreme(SRI)(CA) 256
IN THE COURT OF APPEAL OF THE DEMOCTRATIC SOCIALIST REPUBLIC OF SRI LANKA
R. Gurusinghe, J, B. Sasi Mahendran, J, R.P. Hettiarachchi J
Mohamed Alavi Navaz Caffoor and others – Appellant
Versus
The Director Mosque and Muslim Charitable Trusts or Wakfs and others – Respondent
CA-WRT-293/21
Suren Gnanaraj with Shamalie de Silva and Sandun Batagoda for the Petitioners
P.Jayasekara, SC for the 1st Respondent Hejaaz Hizbullah for the 5th to 15th Respondents
Compliance with statutory provisions is essential for the valid exercise of jurisdiction; failure results in court proceedings being void.
Headnote:(A) Muslim Mosques and Charitable Trusts or Wakfs Act No 51 of 1956 - Section 9E(2) and (3) - Application for Writ of Certiorari - Petitioners challenged the validity of the reference made by the Director to the Wakfs Tribunal citing non-compliance with procedural requirements including the absence of prior approval from the Wakfs Board. Findings revealed the Tribunal lacked jurisdiction and the references were quashed as a result of procedural impropriety. (Paras 10-35)
(B) Jurisdiction - The Court emphasized that strict compliance with statutory conditions is mandatory for the exercise of jurisdiction by the Tribunal. A failure to obtain approval renders actions taken void ab initio. (Paras 28-32)
Facts of the case:
Petitioners alleged that the Director improperly referred a trust matter to the Wakfs Tribunal without requisite approval, initiating proceedings that were deemed improper under statute.
Findings of Court:
The Tribunal lacked jurisdiction due to inadequate procedural adherence, resulting in void actions.
Issues: Whether the Director’s application met statutory conditions for Tribunal jurisdiction.
Ratio Decidendi: Non-compliance with prior approval under the Act signifies a lack of jurisdiction. The application’s validity hinges on statutory requirements.
Result: The application for a Writ of Certiorari was granted.
JUDGEMENT
B. Sasi Mahendran, J.
The Petitioners commenced these proceedings seeking the reliefs outlined in the petition dated 11 June 2021.
I. For notice of this Application to be issued on the Respondents;
II. For an interim order staying the proceedings in the Wakf Tribunal in Case No. WT/273/2020 until the hearing and final determination of this application;
III. For a Declaration that the N.D.H. Abdul Ghaffoor Trust is not a Wakf and/or not a Muslim Charitable Trust as contemplated by the Muslim Mosques and Charitable Trusts or Wakfs Act No 51 of 1956 (as amended), and/or not subject to the jurisdiction of the 1st Respondent and or the 2d to 4*" Respondents;
IV. For a mandate in the nature of a Writ of Certiorari quashing the purported "reference" dated 19/08/2020 of the 15th Respondent marked 'X21';
V. For a mandate in the nature of a Writ of Certiorari quashing the purported "Notice" dated 22/01/2021 and marked 'X20' issued by and or upon the direction of the 2d to 4th Respondents on the Petitioners and/or directing pursuant to the same;
VI. For a mandate in the nature of a Writ of Prohibition, restraining/prohibiting the 1st Respondent and/or the 2nd to 4th Respondents from taking any steps in pursuance of the purported reference dated 19/08/2020 and marked 'X21' tendered by the 5th to 15th Respondents;
VII. For a mandate in the nature of a Writ of Prohibition prohibiting and or restraining the 1st Respondent and or the 2nd to 4th Respondents from taking cognizance of and or referring to the Wakf Board and or to the Wakf Tribunal and or the 2nd to 4th Respondents, any application whatsoever made by any persons whomsoever in respect of and or relating to the Ghaffooriya Arabic College and or the N.D.H. Abdul Ghaffoor Trust.
VIII. For a mandate in the nature of a Writ of Mandamus directing the 1st Respondent to reject and or dismiss any application received by any persons whatsoever in respect of and or relating to the Ghaffooriya Arabic College and or the N.D.H. Abdul Ghaffoor Trust and or the properties of the said N.D.H. Abdul Ghaffoor Trust;
IX. For costs;
X. For such other and further relief as to Your Lordships' Court may seem meet.
According to the petition, the 1st Respondent—Director of the Mosque and Muslim Charitable Trust (Wakfs)—referred a matter concerning the N.D.H. Abdul Gafoor Trust to the Wakfs Tribunal, implicating the Petitioners. Subsequently, the Tribunal issued a notice, marked as ‘X20’, summoning the Petitioners to appear before it. As stated in document ‘X20’, the Director had informed the Tribunal via a letter dated 19.08.2020 that the Old Boys’ Association of the relevant school had lodged a complaint. They alleged that the Petitioners, acting as trustees, had withheld financial assistance intended for the management of the Arabic College and Hostel. Furthermore, the Association requested the formation of a new management committee to oversee the school and hostel. In response, the Wakfs Tribunal directed the Petitioners to appear before it on 13.02.2021.
In response to the said reference, the Petitioners have invoked the jurisdiction of this Court. The core of their grievance is that the 1st Respondent failed to adhere to the procedural requirements prescribed under the Mosque and Muslim Charitable Trust or Wakfs Act No. 51 of 1956, as amended (hereinafter referred to as "the Act"). As stated in paragraph 30 of the petition, the Petitioners assert that upon applying for and obtaining the case records pertaining to Wakfs Tribunal Case No. 273/2020, they discovered that the reference made by the 1st Respondent to initiate proceedings before the Tribunal was marked as ‘X21’.
The Petitioners contend that the reference made by the 1st Respondent was not in accordance with the provisions of the law. Consequently, they assert that the said reference is unlawful, procedurally flawed, and legally untenable, and therefore ought to be quashed.
Therefore, it is pertinent to refer to the relevant section in the Ac
