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High CourtsDivision Bench(2023) 05 KL CK 0152

Vaduthala Juma-Ath Educational Trust Reg. No.A2/1967 vs Kerala State Waqf Board

High Court Of Kerala · Decided on 23 May 2023

HON’BLE JUDGES
A.Muhamed Mustaque, J · Sophy Thomas, J
RESULT
Disposed Of
CASE NUMBER
CRP (WAKF) No. 20 Of 2023

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Judgment

8 paragraphs · 367 words

A.Muhamed Mustaque, J.

1.

This revision was filed challenging an order passed by the Waqf Tribunal, Kozhikode in I.A No.88 of 2023 in W.O.A No.56 of 2022 dated 17.03.2023. The revision petitioners are petitioners before the Tribunal in the above I.A. In that application, they sought stay of operation of the order passed by the Waqf Board dated 13.12.2019. The Waqf Board passed an order to frame a scheme for the administration of Vaduthala Jama-ath Higher Secondary School.

2.

The dispute is essentially related to the question whether Vaduthala Kottoor Kattupuram Palli Jama-ath can claim it’s a Waqf or not. The case of Vaduthala Jama-ath Educational Trust is that the above school is exclusively run by the Trust and has nothing to do with the Waqf.

3.

In I.A No.88 of 2023, stay was not granted by the Waqf Tribunal mainly noting that there is no interference in the matter of management and administration of the school and the Board has only directed to frame a scheme to run the school by the Jama-ath.

4.

Sri.Babu Karukapadath, learned counsel appearing for the revision petitioners, submitted that the school is being run by the Trust for the last more than 50 years, and if stay is not granted, that will amount to interfering in the administration and management of the school.

5.

We heard learned counsel appearing for the party respondent as well as the learned Standing Counsel appearing for the Waqf Board.

The school is an aided school. As of now, there is no adverse order against administration or management of the school by the Trust. The Waqf Board ordered framing of the scheme noting that the school is situated in the Waqf property. The question whether it is a Waqf property or not has to be decided by the Tribunal. We are of the view that the process of framing of the scheme can go on. However, in the event scheme is framed, that shall not be implemented till final decision is taken by the Tribunal. We also direct the Tribunal to dispose W.O.A No.56 of 2022 itself within a period of six months, after hearing both sides.

This Civil Revision Petition is accordingly disposed of.