Marakkarutty.T.E vs Kerala State Wakf Board Represented By Its Chief Executive Officer

Sushrut Arvind Dharmadhikari, J.

The present intra-court appeal under Section 5 of the Kerala High Court Act, 1958 assails the judgment dated 25.06.2025 passed in WP(C) No.14346/2025 whereby the learned Single Judge has dismissed the Writ Petition. The present appellant is the Writ Petitioner. The writ petitioner had filed the writ petition challenging Ext.P4 order of the 1st respondent Waqf Board on the ground that the Waqf Board has no jurisdiction to interfere with the election of the Society registered under Societies Registration Act, 1860 (Act of 1860).

The brief facts of the case are that the appellant is the Secretary of the Tharbiyathul Islam Sangam which is a Society registered under the Act of 1860 and is seeking a direction to the 1st respondent not to interfere with administration of the appellant – Society especially with regard to conduct of election to its Managing Committee. The appellant had also sought declaration that Tharbiyathul Islam Sangam is not a Waqf property and therefore, the 1st respondent has no jurisdiction to interfere with the election and administration of the Society.

One Sri.Mohammed Abdul Majeed. M.P. and two others had filed W.O.S. No.62/2022 before the Waqf Tribunal, Kozhikode, seeking to restrain the appellant – Society from conducting election to its Managing Committee. The appellant filed the written statement. The said suit was dismissed on 31.08.2024 as per Ext.P3. Respondents 2 & 3 herein filed OP No.115/2024 before the Waqf Board and obtained Ext.P4 interim order dated 30.05.2024 restraining the appellant Society from conducting elections.

The learned counsel for the appellant submitted that since the Society is not registered under the Waqf Act, the Waqf Board or Waqf Tribunal has no power to interfere with the administration of the Society. Therefore, Ext.P4 order is illegal and arbitrary and is liable to be set aside.

Per contra, learned counsel for the respondents opposed the prayer and submitted that instead of availing the alternative remedy as available under Section 83(2) of the Waqf Act, 1995, the appellant is indirectly trying to challenge Ext.P4 order which prohibits the conduct of elections. Learned counsel for the 3rd respondent also submitted that the elections to the Society were conducted on 10.12.2016, where the appellant’s panel lost the election. Thereafter, new office bearers were selected. The appellant is in collusion with others to takeover management of the educational institutions. Therefore, the learned Single Judge has rightly dismissed the Writ Petition.

Heard the learned counsel on both sides.

It is an admitted fact that the issue relating to the election to the Sangam is pending consideration before the Waqf Board. The Waqf Board has passed Ext.P4 order restraining the respondent Committee therein (OP No. 115/2024) from conducting elections. The appellant can also appear before the Waqf Board and contest OP No.115/2024. The appellant is having efficacious statutory alternative remedy under Section 83(2) of the Waqf Act, 1995. Though the learned Single Judge has dealt with the issue on merits holding that there is prima facie evidence in this case to show that the Sangam was treated as Waqf property atleast since 2016 and the Waqf Board has entertained the OP filed by the 2nd and 3rd respondents, the Writ Petition was dismissed.

Since the appellant had approached this Court instead of availing the alternative remedy, it would be appropriate for this Court to relegate the appellant to avail the alternative remedy as available in law under Section 83(2) of the Waqf Act. The appellant may approach the Waqf Board within a period of 15 days from the date of receipt of a certified copy of this judgment and prefer an appeal, if so advised. If an appeal is filed by the appellant within the aforesaid period, the findings recorded by the learned Single Judge shall not come in the way of deciding the appeal on its own merits.

With the aforesaid liberty, this Writ Appeal stands finally disposed of.