SV Cheriyakoya Thangal vs SVP Pookoya – Waqf Act, 1995; Section 3,32, 83 – Mutawalliship

Waqf Act, 1995; Section 3,32, 83 – Whether Waqf Board has got the original jurisdiction to decide the issue pertaining to Mutawalliship ? HC held that the Waqf Board did not have the jurisdiction – Allowing appeal, SC observed: It is the Waqf Board which has got the jurisdiction and not the Waqf Tribunal – Waqf Tribunal is only an adjudicating authority over a dispute while the Waqf Board is expected to deal with any issue pertaining to administration. The power of superintendence cannot be confined to routine affairs of a Waqf but it includes a situation where a dispute arises while managing the property and that would certainly include a right of a person to be a Mutawalli after all, it is the Mutawalli who does the job of administering and managing the Waqf.

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