Court directs petitioners to approach Waqf Tribunal for grievances, citing statutory requirements under Waqf Act, 1995.
In a significant ruling, the Kerala High Court dismissed a writ petition filed by Eriyad Palli @ Eriyad Mahallu Jama-Ath and others, seeking to quash orders of the State Waqf Board. The bench, comprising Justices Anil K. Narendran and Muralee Krishna S., emphasized that the High Court's extraordinary jurisdiction under Article 226 of the Constitution cannot be invoked for challenging the orders of the State Waqf Board when a Waqf Tribunal is constituted and functioning.
The petitioners had challenged the orders dated October 15, 2025, issued by the State Waqf Board, which directed an inquiry into the management of the Eriyad Mosque and Eriyad Mahallu Jama-ath, restrained the conduct of elections to the Jama-ath committee without prior permission, and ordered an audit of the Jama-ath's accounts for the period from 2019 to 2025.
The court highlighted the provisions of the Waqf Act, 1995, particularly Section 83, which mandates that disputes related to waqfs should be addressed by the Waqf Tribunal. The court noted that the statutory remedy for the petitioners lies with the Tribunal, which is specifically constituted to handle such matters. The court reiterated the Supreme Court's stance in the case of West Bengal Wakf Board v. Anis Fatma Begum, where it was emphasized that matters pertaining to waqfs should initially be filed before the Waqf Tribunal.
The judgment underscores the legislative intent to reduce the pendency of waqf-related cases in regular courts by constituting special Tribunals. It clarifies that the High Court may only entertain such disputes if a Tribunal is not constituted or is non-functional.
The dismissal of the petition on grounds of maintainability underscores the court's commitment to upholding statutory processes and ensuring that specialized tribunals are the first point of recourse for resolving specific disputes. The petitioners have been advised to approach the Waqf Tribunal for any grievances regarding the orders.
Bottom line:-
Writ jurisdiction of High Court under Article 226 of the Constitution of India cannot be invoked to challenge orders of the State Waqf Board when the Waqf Tribunal is constituted and functioning.
Statutory provision(s): Article 226 of the Constitution of India, Waqf Act, 1995 Sections 32, 47, 63, 69, 69(4), 70, 83
