SECRETARY Vs. MUHAMMED RASHEED

JUDGEMENT

(1.) The present civil revision petition is filed on behalf of the Secretary, Kazhuthallor Mahallu Kuttipuram, Malappuram against the order dtd. 11/03/2022 passed by the Wakf Tribunal, Kozhikode in W.O.A.53/2019. The facts in brief for adjudication of the controversy are as under:

(2.) In 2016, jurisdiction of the Kerala State Wakf Board was invoked by submission of an application by Muhammed Koya Thangal BaAlavi on behalf of the legal heirs of the deceased Achipra Thangal BaAlavi, alleging that 50% of the amount received from the tomb was for benefit of the legal heirs as per the agreement executed in 1970 which was stopped by the Divisional Officer of the Board and requested for resumption. One P.S.Muhammed Rasheed moved an application on 22/08/2015 and on the basis of the enquiry it was revealed that 50% of the amount received from the tomb was liable to be paid to the legal heirs of Achipra Thangal Ba-Alavi without the order of the Board, but on the basis of the interdiction by the Divisional officer, payment was stopped. A compromise deed was executed between Mahallu i.e. the petitioner herein who was arrayed as the second respondent before the Wakf Board, and Sri. Sayyid Muhammedali Shihab Thangal and Sri.Sayyid V.P. Muhammed Koya Thangal on behalf of the family members. On the basis of that the matter was placed before the Board. Board issued the notice to P.S.Muhammed Rasheed, the then Secretary for the period 2000-2006 and to Mr.Muhammed Koya Thangal. Mr.Muhammed Koya Thangal appeared through counsel. Matter was taken by the Board, but in the meantime Achipra Thangal Ba-Alavi had died. Two applications for impleading his legal heirs for the release of 50% amount being deposited in the Bank were submitted. On perusal of the file it was found that the waqf is registered with the Board showing 'C.P.Alavi' as Muthvalli and the rule of succession was "by custom". There was a compromise between the Mahallu Khasi on behalf of the mahallu and legal heir of the deceased. In this view of the matter Board passed the following order:

(3.) The aforementioned order was assailed by 2nd respondent namely, Sri. P.S.Mohammed Rasheed before the Board on various grounds. The Tribunal found that on the basis of the application filed by the Kerala State Wakf Board dtd. 22/08/2015 represented by the then Secretary of the petitioner, i.e. the jama-ath an enquiry was conducted by the Wakf Board. Report dtd. 13/03/2016 on the basis of the enquiry was filed. It is pertinent to mention Sri.P.S.Muhammed Rasheed did not take part in the enquiry proceedings. Muhammed Koya Thangal, as noticed above, had died and 12th respondent was selected as the next 'Sthani' of the family. It was found that the forefather of the 2nd respondent, one Muhammed Koya Thangal BaAlavi died on 14/04/1950. A Thakhiya was build on the side of the Kuttipuram-Thrissur public road which had never been under the control of the State Wakf Board. Family decided to share the monthly income from Jaram with petitioner Kazhuthallur Juma-ath Committee. It was also found that Jaram was not under the control and supervision of the Wakf and the collections were as per the compromise earlier agreed to be at the rate of 1/3rd but later half. The said amount ordered by the Board was upheld.