KERALA STATE WAKF BOARD Vs. ANSARI CHARITABLE TRUST

JUDGEMENT

(1.) The issue involved in this case is whether Ansari Charitable Trust (for short 'the Trust') is a Waqf as defined under Sec. 3(r) of the Waqf Act or a trust created under the Indian Trust Act. A succinct narration of the facts is required for proper disposal of this revision petition.

(2.) This revision petition is filed by the Waqf Board against the Order dated 12-2-2009 in W.O.A. No. 7 of 2006 passed by the Waqf Tribunal, Ernakulam. It is the common case that the Trust was formed for the purpose of establishing and maintaining hospital, library, reading room and Arabic College and to promote adult education, to foster and educate orphans by establishing orphanages, without discrimination of caste or creed. It was founded by one Smt. Valiyakath Jameela Abdul Majeed as per trust deed dated 8-9-1979. On 14-6-1999 the revision petitioner, the Waqf Board, issued a letter to the Trust requiring it to register under the Waqf Act. Furthermore, it was informed thereunder that in case of failure to register it as Waqf, voluntarily, suo motu proceedings for registering it as Waqf would be taken. On its receipt, the respondent sent reply dated 6-9-1999, accompanied by an affidavit highlighting and clarifying the intention behind the formation of the Trust and also sought for a re-hearing in the matter. Trust deed and other documents were produced before the Waqf Board. Thereupon, as per proceedings dated A2-1795/97 dated 22-11-1999, the Waqf Board declared that the Trust is a Waqf and directed the trustees to register it as a Waqf under the Waqf Act. Feeling aggrieved by the said order, the respondent herein had approached this Court by filing O. P. No. 2083/2000. This Court disposed of the said writ petition as per judgment dated 6-3-2006 holding that if the petitioner has any dispute as to whether the Trust is a Waqf or not, the remedy open to the petitioner therein/the respondent herein, is to get the same adjudicated by the Waqf Tribunal by moving it appropriately. In that view of the matter, liberty was granted to the petitioner therein/the respondent herein to approach the Waqf Tribunal within the time stipulated thereunder. Consequently, the respondent herein filed W.O.A. No. 7/2006 which culminated in the impugned order. As per the impugned order, the Tribunal found that the proceeding dated 22-11-1999 of the Waqf Board is not sustainable and consequently, set aside. It is challenging the said order in W.O.A. No. 7/2006 passed by the Waqf Tribunal, Emakulam setting aside the proceedings of the Waqf Board dated 22-11-1999, the captioned revision petition has been filed.

(3.) We have heard the learned standing counsel for the Waqf Board, the revision petitioner and the learned counsel appearing for the respondent.