Kerala Waqf Board to problem HC Division Bench’s verdict on Munambam land

The Kerala Waqf Board (KWB) will file a overview petition in opposition to the Kerala Excessive Courtroom’s Division Bench order declaring the contentious Munambam land as not a Waqf property.

A two-member Bench consisting of Justice Sushrut Arvind Dharmadhikari and Justice VM Shyamkumar had handed the judgment final month in a writ petition filed by the State authorities difficult a Single Decide’s order putting down the appointment of an inquiry fee into the Munambam subject.

The KWB will argue that an error was obvious on the face of the judgment, and the Bench exceeded its judicial mandate by passing the order on a difficulty that was by no means raised by the appellants or every other events to the litigation, sources mentioned.

The State authorities, the appellant within the case, had challenged the Single Decide’s order canceling the appointment of CN Ramachandran Nair because the Fee of Inquiry. The Division Bench, which thought-about the attraction, transgressed the judicial boundaries within the case and selected the character of the disputed property, which not one of the events to the litigation had raised throughout the arguments, the board will argue, the sources mentioned.

The board would additionally problem the courtroom order, which put aside the registration of the Munambam holding as a Waqf property, and the courtroom’s findings concerning the delay in registering the holding as a Waqf.

A gathering of the Waqf Board held final week mentioned the authorized opinion it had acquired within the case.

The Division Bench, the KWB would argue, selected the authorized query of the character of the land, which was initially to be determined by the Waqf Tribunal, the suitable judicial discussion board, they mentioned.

The judicial overreach has additionally jeopardized the authorized mandate of the tribunal earlier than which the Munambam land case was pending. The Bench’s order will forged a shadow of undue affect over the tribunal and should have an effect on its free and honest dispensation of justice, the Board will argue, sources mentioned.

In the meantime, the Waqf Tribunal will contemplate the Munambam case later this week.

The tribunal, headed by District Decide TK Minimol, will hear the contentions of the board and the authorized heirs of Mohammed Siddique Sait, who gave the disputed land to Farook School, Kozhikode, on November 6. The tribunal had just lately allowed the residents of Munambam to problem the board’s resolution in registering the land as Waqf.

The Farook School, Kozhikode, too, had challenged the choice of the Board. The discussion board will hear and eliminate all of the petitions collectively, the sources mentioned.