6 months ago
1
Kerala Waqf Samrakshana Vedhi has moved a Special Leave Petition earlier the Supreme Court challenging the bid of a Division Bench of the Kerala High Court, which struck down the registration of the contentious Munambam holding arsenic a Waqf property.
The Vedhi, an organisation for “restoration of alienated Waqf holdings,” contended that the bid of the Division Bench violated the doctrine of statutory finality by rendering its findings connected the validity of the Waqf declaration, a substance that was wrong the exclusive jurisdiction of the Waqf Tribunal.
Incidentally, a two-member Bench of Justices Sushrut Arvind Dharmadhikari and V. M. Shyamkumar had precocious passed the judgement successful a writ petition moved by the State authorities challenging a Single Judge’s order, which cancelled the assignment of an enquiry committee into the Munambam issue.
The Vedhi has contended earlier the apex tribunal that the Division Bench transgressed its jurisdiction and passed a declaration connected the property, which is simply a registered Waqf, successful a writ petition aft bypassing the statutory procedures, particularly erstwhile the contented was pending earlier the Waqf Tribunal. Moreover, the contented whether the Munambam spot was a Waqf oregon not was not adjacent the taxable substance of the proceedings, the Vedi has argued.
Incidentally, the Kerala Waqf Board has moved a reappraisal petition earlier the Division Bench, which passed the bid by arguing that the Bench exceeded its judicial mandate by passing the bid connected an contented that was ne'er raised by immoderate of the parties to the litigation.
The Vedhi has argued that the High Court should not person decided the substance erstwhile a proceeding connected the aforesaid taxable substance and that excessively betwixt the aforesaid parties was pending earlier the tribunal. The due ineligible recourse was to permission the parties to avail of the remedy earlier the tribunal, particularly erstwhile the contented was pending earlier it, it noted.
The pronouncement of the Division Bench, the organisation argued, declaring the registration of Munambam spot arsenic a Waqf by the Waqf Board invalid, prejudiced the proceedings that were pending earlier the Waqf Tribunal and frankincense rendered the statutory adjudication infructuous. It besides infringed upon the rights of the Vedhi and the Waqf Board. The High Court failed to workout its discretion judiciously and acted beyond the scope and ambit of workout of its powers, the Vedhi has contended.
It has besides contended that the Division Bench’s bid upholding the assignment of the Inquiry Commission endorsed the State government’s enforcement interference into a matter, which was pending earlier the tribunal.
