BY AD vs K.S.BHARATHAN

THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON THURSDAY, THE 27TH DAY OF FEBRUARY 2025 / 8TH PHALGUNA, 1946 WP(C) NO. 4035 OF 2023 PETITIONERS: 1 2 3 4 JOSEPH BENNY, SON OF GEORGE K.B., AGED 49, RESIDING AT KURUPPASSERY HOUSE, P.O. PALLIPORT, MUNAMBAM BEACH, ERNAKULAM DISTRICT, PIN - 683515 ANTONY PAUL MANADAN, SON OF MANADAN PAUL, H.NO.VII/35, CHERAI, KOCHI TALUK, ERNAKULAM, PIN - 683514 FRANCIS.K.S., SON OF K.R.STANLY, RESIDING AT KURUPPASSERY HOUSE, PALLIPPURAM GRAMA PANCHAYATH, MUNAMBAM MURI, KUZUPPILLY VILLAGE, P.O.PALLIPORT, ERNAKULAM DISTRICT, PIN - 683515 SMT.SANDHYA PHILIP, WIFE OF PHILIP JOSEPH, THAYYIL HOUSE, NEAR VELANKANNI MATHA CHURCH, PALLIPURAM, ERNAKULAM, PIN - 683515 WP(C) NOs.20086/2024 & 4035/2023 6 5 6 K.K.JAYAN, SON OF KOTTAMALA KUMARAN, DEVASWOM PARAMBIL HOUSE, P.O.AZHEEKKAL, PIN - 682510 SABU TOMY, SON OF PANAKKAPARAMBIL TOMY, EZHEEIKKARA, NORTH PARUR, PIN - 683513 BY ADVS. K.S.BHARATHAN AADITHYAN S.MANNALI(K/631/2014) ALEENA SONY(K/926/2019) ALPHIN ANTONY(K/625/2014) SITHARA(K/4090/2023) SHANKAR V.(K/151/2002) RESPONDENTS: 1 2 3 4 5 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE (F) (IN CHARGE OF WAKFS), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 THE KERALA STATE WAQF BOARD, V.I.P ROAD, KALOOR, KOCHI - 682 017, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. THE FAROOK COLLEGE MANAGING COMMITTEE, FEROKE, KOZHIKODE - 673 632, REPRESENTED BY ITS SECRETARY THE TAHASILDAR, KOCHI TALUK, KOCHI, PIN - 682001 THE VILLAGE OFFICER, KUZHUPPILLY VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT, PIN - 683515 WP(C) NOs.20086/2024 & 4035/2023 7 BY ADVS. JAMSHEED HAFIZ MAYANKUTTY MATHER K.I P CHANDRASEKHAR T.K.SREEKALA(K/000246/1987) S.PARVATHI(K/000823/2015) T.U.ZIYAD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.02.2025, ALONG WITH WP(C).20086/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NOs.20086/2024 & 4035/2023 8 JUDGMENT [WP(C) Nos.20086/2024, 4035/2023] AMIT RAWAL, J. WP(C) 4035/2023

1. Petitioners in the writ petition bearing No.4035 of 2023 have approached this Court claiming the following reliefs: a) issue a writ of certiorari or other appropriate writs, directions or orders calling for the records leading upto Exhibit P9 and quashing Exhibits P9, P10 and P11; b) issue a writ of certiorari or other appropriate writs, directions or orders declaring that on the basis of Ext.P9 registration of the waqf with the 2nd respondent Waqf Board the properties of the petitioners covered by Exhibits P9 are not waqf properties coming under the purview of Wakf Act, 1995 and the Amendment Act of 2013; c) issue a writ of mandamus or directions or orders compelling respondents 5 and 6 to issue ROR in respect of the properties of the petitioners and effect necessary mutation in the Thandaper Register and accept tax in respect of the properties of the petitioners notwithstanding the direction of the Waqf Board; WP(C) NOs.20086/2024 & 4035/2023 9 d) issue a writ of mandamus or other appropriate writs, directions or orders restraining the respondents from recovering the properties of the petitioners covered by Exhibit P9 by invoking the provisions of the Waqf Act, 1995 and the Amendment Act of 2013; e) issue a writ of mandamus or other appropriate writs, directions or orders directing the Waqf Board to remove the properties of the petitioners from the Waqf Register of the Waqf Board; f) to dispense with the filing of the translation of the vernacular documents; g) to grant such other reliefs as this Honourable Court may deem fit just and proper in the circumstances of the case.

2. The aforementioned reliefs reveal that challenge has been laid to Ext.P9, registration of Wakf property, whereas there had been a previous round of litigation at the instance of the Farook College, the erstwhile having the possessory rights over the property, claimed injunction, which was granted by virtue of a decree and the challenge laid by the defendant was negated. In other words, the decree of injunction was maintained, keeping the WP(C) NOs.20086/2024 & 4035/2023 10 question of title, open.

3. reliefs, as claimed in the writ petition, involves a disputed question of facts and cannot be adjudicated while exercising the power of judicial review under Article 226 of the Constitution of India. Faced with the situation, learned counsel for the petitioners seek permission to withdraw the writ petition, WP(C) 4035 of 2023, with the liberty to file a suit in a competent court of law, leaving all the reliefs available in accordance with law. Ordered accordingly. W.P.(C)No.20086 of 2024

4. In W.P.(C)No.20086 of 2024, challenge has been laid to the vires of various provisions of the Waqf Act, 1995 (Parliament Act No. 43 of 1995) as those provisions grant special status to Waqf properties denying same status to Trust, Mutts, Akharas and Societies and confer unguided WP(C) NOs.20086/2024 & 4035/2023 11 and unchecked powers to Waqf Boards to register any property as Waqf property. In view of the fact that we have granted the liberty, even otherwise, the manner and mode, the claim has been set up in the other writ petition would not be sustainable, as, it is the domain of the legislature to frame the law, which has been in existence since 1995. We do not wish to entertain the relief as claimed for. Therefore, the writ petition stands dismissed. Sd/- AMIT RAWAL JUDGE Sd/- HARISANKAR V. MENON JUDGE WP(C) NOs.20086/2024 & 4035/2023 12 APPENDIX OF WP(C) 4035/2023 PETITIONER EXHIBITS Exhibit P1 COPY OF SALE DEED DATED 29.03.2011 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 COPY OF SALE DEED NO.1135 OF 2015 DATED 30.06.2015 COPY OF SALE DEED NO.2202 OF 2004 DATED 21.06.2004 COPY OF DOCUMENT NO.2612 OF 2005 DATED 22.11.2005 COPY OF SALE DEED NO.1505 OF 2017 DATED 27.10.2017 COPY OF SALE DEED NO.2182 OF 2008 DATED 25.08.2008 COPY OF SALE DEED NO.1254 OF 2021 DATED 13.10.2021 COPY OF DEED DATED 01.11.1950 ALONG WITH THE TYPED COPY OF THE SAME Exhibit P9 COPY OF THE EXTRACT OF THE WAQF REGISTER Exhibit P10 Exhibit P11 COPY OF THE COMMUNICATION DATED 14.10.2020 OF THE VILLAGE OFFICER,KUZHUPPILLY COPY OF LETTER DATED 13.01.2022 ISSUED BY THE CHIEF EXECUTIVE OFFICER OF THE KERALA STATE WAQF BOARD TO THE TAHASILDAR,KOCHI TALUK Exhibit P12 COPY OF ORDER DATED 20TH MAY,2019 RESPONDENT EXHIBITS WP(C) NOs.20086/2024 & 4035/2023 13 Exhibit R2a True copy of the waqf deed dated 01.11.1950 in favour of Farook College Managing Committee. RESPONDENT ANNEXURES Annexure R10(a) THE TRUE COPY OF 15TH REPORT DATED 26.06.2009 OF THE WAKF ENQUIRY COMMISSION Annexure R10(b) TRUE COPY OF THE JUDGMENT DATED 24.11.2016 IN WP(C) NO. 26893 OF 2012 OF THIS HON'BLE COURT Annexure R10(c) THE TRUE COPY OF THE DECISION REPORTED IN SAIDU MOHAMMED V.KERALA STATE WAKF BOARD (2018 (3)KLT ONLINE 2007), OF THIS HON'BLE COURT Annexure R10(d) TRUE COPY OF THE JUDGMENT DATED 19.01.2023 IN WA 2001 OF 2022 OF THIS HON'BLE COURT RESPONDENT ANNEXURES Annexure R10(e) Annexure R10(f) Annexure R10(g) TRUE COPY OF THE JUDGMENT DATED 12.07.1971 IN OS NO. 53 OF 1967 BEFORE THE SUBORDINATE JUDGE’S COURT, NORTH PARAVUR ALONG WITH TYPED COPY TRUE COPY OF THE JUDGMENT DATED 30.09.1975 IN AS NO. 600 OF 1971 ON THE FILE OF THIS HONOURABLE COURT ALONG WITH TYPED COPY TRUE COPY OF THE LETTER NO. REV- F1/312/2017-REV DATED 08.11.2017 OF THE 1ST RESPONDENT ALONG WITH ACTION TAKEN REPORT WP(C) NOs.20086/2024 & 4035/2023 14 APPENDIX OF WP(C) 20086/2024 PETITIONER EXHIBITS Exhibit :P1 Exhibit :P2 Exhibit :P3 Exhibit :P4 Exhibit:P 5 Exhibit:P 6 Exhibit:P 7 Exhibit:P 8 TRUE COPY OF THE SALE DEED NO.731 OF 1991 DATED 29.3.2011OF THE KUZHUPPILLY, SUB REGISTRY OFFICE OF THE 1ST PETITIONER TRUE COPY OF THE SALE DEED NO.1135 OF 2015 DATED 30.06.2015 OF THE SUB REGISTRY OFFICE, KUZHUPPILLY OF THE 2ND PETITIONER TRUE COPY OF THE SALE DEED NO.2202 OF 2004 DATED 21.06.2004 OF THE SUB REGISTRY OFFICE, KUZHIPPOILLY OF THE 3RD PETITIONER TRUE COPY OF THE DOCUMENT NO.2612 OF 2005 DATED 22.11.2005 OF THE SRO KUZHUPPILLY OF THE 3RD PETITIONER TRUE COPY OF THE SALE DEED NO.1505 OF 2017 OF THE SUB REGISTRY OFFICE, KUZHUPPILY DATED 27.10.2017 OF THE 4TH PETITIONER TRUE COPY OF THE SALE DEED NO.2182 /2008 DATED 25.8.2008 SUB REGISTRY OFFICE, KUZHUPPILLY OF THE 5TH PETITIONER TRUE COPY OF THE SALE DEED NO.1254 OF 2021 DATED 13.10.2021 OF THE SUB REGISTRY OFFICE, KUZHUPPILLY OF THE 6TH PETITIONER TRUE COPY OF THE SETTLEMENT DEED NO.1180/2015, DATED 8/7/2015 OF SUB REGISTRY OFFICE, KUZHUPPILLY OF THE 7TH PETITIONER Exhibit :P9 TRUE COPY OF THE SALE DEED NO.637 OF WP(C) NOs.20086/2024 & 4035/2023 15 2011 DATED 5/5/2011 SUB REGISTRY OFFICE, KUZHUPPILLY OF THE 8TH PETITIONER Exhibit :P10 COPY OF THE DEED DATED 1.11.1950 ALONG WITH THE TYPED COPY Exhibit:P 11 TRUE COPY OF THE EXTRACT OF THE WAQF REGISTER ON 25.09.2019 Exhibit:P 12 Exhibit :P13 TRUE COPY OF THE COMMUNICATION DATED 14.10.2020 OF THE VILLAGE OFFICER,KUZHUPPILLY TRUE COPY OF THE LETTER NO.EC- 130/2020(A10-396/2020) DATED 13.1.2022 ISSUED BY THE CHIEF EXECUTIVE OFFICER OF THE KERALA STATE WAQF BOARD TO THE TAHSILDAR, KOCHI TALUK Exhibit :P14 TRUE COPY OF THE ORDER DATED 20.05.2019 BEFORE THE KERALA STATE WAQF BOARD RESPONDENT ANNEXURES Annexure R15(a) THE TRUE COPY OF 15TH REPORT DATED 26.06.2009 OF THE WAKF ENQUIRY COMMISSION Annexure R15(b) TRUE COPY OF THE JUDGMENT DATED 24.11.2016 IN WP(C) NO. 26893 OF 2012 OF THIS HON'BLE COURT Annexure R15(c) THE TRUE COPY OF THE DECISION REPORTED IN SAIDU MOHAMMED V. KERALA STATE WAKF BOARD (2018 (3) KLT ONLINE 2007) OF THIS HON'BLE COURT Annexure R15(d) TRUE COPY OF THE JUDGMENT DATED 19.1.2023 IN WA 2001 OF 2022 OF THIS HON'BLE COURT