Anil K. Narendran, J.

1. The petitioners filed I.A.No.117 of 2025 in O.P.No.114 of 2025 on the file of the Kerala State Waqf Board, seeking an order restraining the respondents, namely, Puthutheruvu Muslim Jama- ath and its President and Secretary, from demolishing the existing mosque and stay of further proceedings on the basis of quotation notice published on 07.03.2025. O.P.No.114 of 2025 was filed challenging the tender proceedings and consequential steps pursuant to the permission granted by the Divisional Waqf Officer, by the order dated 22.10.2024, for the demolition of the existing mosque structure and construction of a new mosque and for recalling the said permission. The grievance of the petitioners is that the mosque of Puthutheruvu Muslim Jama-ath is an ancient mosque having antique and historic value, and that renovation, rather than demolition, would suffice. It was alleged that adequate deliberations were not held in the general body and that, inconsistent versions were placed regarding the cost of construction.

2. By Ext.P7 order dated 20.01.2026, the State Waqf Board dismissed I.A.No.117 of 2025. The last two paragraphs of that order read thus;

                  “The permission for demolition and reconstruction was granted by the Divisional Waqf Officer in exercise of powers duly delegated to him under the statutory framework. The materials on record show that such permission was granted after due enquiry, verification of documents, site inspection and satisfaction that demolition and reconstruction would be beneficial to the Jama-ath. No illegality, arbitrariness or procedural impropriety is made out so as to warrant interference by this Board at the interlocutory stage. The absence of permission from the local self-governing body at present does not invalidate the sanction granted by the Divisional Waqf Officer.

                  Considering the age and condition of the mosque, the limitations noted by the expert, the resolutions of the general body, and the lawful exercise of delegated powers by the Divisional Waqf Officer, this Board finds no merit in the prayer to stay the tender proceedings or to restrain demolition. Interference at this stage would be against the long-term interest of the Jama-ath and the Waqf.

                  Accordingly, the Interlocutory Application stands dismissed.”

3. Seeking a writ of certiorari to quash Ext.P7 order dated 20.01.2026 of the 1st respondent Kerala State Waqf Board in I.A.No.117 of 2025 in O.P.No.114 of 2025, and also to dispose of Ext.P1 interlocutory application, i.e., I.A.No.117 of 2025, afresh, the petitioners have filed this writ petition, invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.

4. On 23.02.2026, when this writ petition came up for admission, while issuing notice on admission by special messenger to respondents 2 to 4, this Court passed the following order;

                  “One of the contentions raised in this writ petition is that the State Waqf Board passed Ext.P7 order in gross violation of the principles of natural justice, after advancing O.P.No.114 of 2025 from 24.02.2026 to 20.01.2026, suo motu, without notice to the petitioners or their counsel.

                  2. The learned Standing Counsel for Kerala State Waqf Board takes notice on admission for the 1st respondent.

                  3. Issue urgent notice on admission by special messenger to respondents 2 to 4, returnable by 26.02.2026.

                  4. There will be an interim stay, as prayed for, for a period of three weeks.” (underline supplied)

5. Heard the learned counsel for the petitioners, the learned Standing Counsel for Kerala State Waqf Board for the 1st respondent and also the learned counsel for respondents 2 to 4.

6. The issue that requires consideration in this writ petition is as to whether the petitioners can invoke the writ jurisdiction of this Court under Article 226 of the Constitution of India, challenging Ext.P7 order dated 20.01.2026 of the State Waqf Board in I.A.No.117 of 2025 in O.P.No.114 of 2025.

7. As already noticed in the order dated 23.02.2026, one of the contentions raised in this writ petition is that the 1st respondent State Waqf Board passed Ext.P7 order in gross violation of the principles of natural justice, after advancing O.P.No.114 of 2025 from 24.02.2026 to 20.01.2026, suo motu, without notice to the petitioners or their counsel.

8. During the course of arguments, the learned counsel for the petitioners reiterated the aforesaid contention. On the other hand, the learned Standing Counsel for the 1st respondent State Waqf Board and the learned counsel for respondents 2 to 4 would point out the entry in the A Diary of the State Waqf Board on 18.12.2025, as Serial No.137, which reads thus;

                  “O.P.No.114 of 2025 Puthutheruvu Muslim Jama-ath, Kollam Argument notes filed from both sides. I.A.No.117 of 2025 heard. For orders. Posted to 24.02.2026.”

9. Thereafter, the case was advanced to 20.01.2026, vide an additional agenda published by the Chief Executive Officer (in- charge) of the State Waqf Board, a copy of which is made available for the perusal of this Court and also to the learned counsel for the petitioners, by the learned counsel for respondents 2 to 4. On 20.01.2026, the State Waqf Board passed Ext.P7 order in I.A.No.117 of 2025, which is evident from Ext.P9 A Diary dated 09.01.2026.

10. The Waqf Act, 1995, which was re-named as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995, vide Waqf (Amendment) Act, 2025, is enacted by the Parliament to provide for the better administration of Auqaf and for matters connected therewith or incidental thereto. Section 32 of the Act deals with the powers and functions of the State Waqf Board. As per sub-section (1) of Section 32, subject to any rules that may be made under this Act, the general superintendence of all Auqaf in a State shall vest in the Board established or the State; and it shall be the duty of the Board so to exercise its powers under this Act as to ensure that the Auqaf under its superintendence are properly maintained, controlled and administered and the income thereof is duly applied to the objects and for the purposes for which such Auqaf were created or intended. Section 47 of the Act deals with the audit of accounts of Auqaf; Section 63 deals with the power to appoint Mutawallis in certain cases; Section 69 deals with the power of the Board to frame a scheme for the administration of waqf; Section 69(4) deals with the power of the Board to cancel or modify the scheme; and Section 70 deals with inquiry relating to administration of waqf.

11. Section 83 of the 1995 Act deals with the constitution of Tribunals, etc. As per sub-section (1) of Section 83, the State Government shall, by notification in the Official Gazette, constitute as many Tribunals as it may think fit, for the determination of any dispute, question or other matter relating to a waqf or waqf property, eviction of a tenant or determination of rights and obligations of the lessor and the lessee of such property, under the Act and define the local limits and jurisdiction of such Tribunals. As per the proviso to sub-section (1) of Section 83, any other Tribunal may, by notification, be declared as the Tribunal for the purposes of this Act.

12. As per sub-section (2) of Section 83 of the 1995 Act, which was re-named as the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995, vide Waqf (Amendment) Act, 2025, any mutawalli person interested in a waqf or any other person aggrieved by an order made under the Act, or rules made thereunder, may make an application within the time specified in the Act or where no such time has been specified, within such time as may be prescribed, to the Tribunal for the determination of any dispute, question or other matter relating to the waqf. As per the proviso to sub-section (2) of Section 83, inserted by the Waqf (Amendment) Act, 2025, with effect from 08.04.2025,  if  there  is  no  Tribunal  or  the  Tribunal  is  not functioning, any aggrieved person may appeal to the High Court directly.

13. As per sub-section (9) of Section 83 of the 1995 Act, prior to its substitution by the Waqf (Amendment) Act, 2025, no appeal shall lie against any decision or order, whether interim or otherwise, given or made by the Tribunal. As per the proviso to sub-section (9) of Section 83, the High Court may, on its own motion or on the application of the Board or any person aggrieved, call for and examine the records relating to any dispute, question or other matter which has been determined by the Tribunal for the purpose of satisfying itself as to the correctness, legality or propriety of such determination and may confirm, reverse or modify such determination or pass such other order as it may think fit. As per sub-section (9) of Section 83 of the 1995 Act, substituted by the Waqf (Amendment) Act, 2025, any person aggrieved by the order of the Tribunal may appeal to the High Court within a period of ninety days from the date of receipt of the order of the Tribunal.

14. In West Bengal Wakf Board v. Anis Fatma Begum [(2010) 14 SCC 588], the Apex Court opined that all matters pertaining to wakfs should be filed in the first instance before the Wakf Tribunal constituted under Section 83 of the Wakf Act, 1995 and should not be entertained by the civil court or by the High Court straightaway under Article 226 of the Constitution of India. In the said decision, the Apex Court noticed that the obvious purpose of constituting a special Tribunal for deciding disputes relating to wakfs was that a lot of cases relating to wakfs were being filed in the courts in India, and they were occupying a lot of time of all the courts in the country, which had resulted in increased pendency of cases in the courts. Hence, a special Tribunal has been constituted for deciding such matters.

15. In view of the proviso to sub-section (2) of Section 83 of the 1995 Act, inserted by the Waqf (Amendment) Act, 2025, a challenge against an order made under the Act, or rules made thereunder, can be entertained by the High Court if there is no Tribunal constituted under sub-section (1) of Section 83 or the Tribunal is not functioning. Therefore, when the State Government, by notification in the Official Gazette, has constituted the Waqf Tribunal and the said Tribunal is functioning, a mutawalli interested in a waqf or any other person aggrieved by an order made under the Act, or rules made thereunder, has to invoke the statutory remedy provided under sub-section (2) of Section 83 of the 1995 Act, by approaching the Waqf Tribunal, instead of challenging the said order by invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.

16. In view of the statutory provisions referred to hereinbefore and also the law laid down in the decision referred to supra, conclusion is irresistible that, if the petitioners are feeling aggrieved by Ext.P7 order dated 20.01.2026 of the State Waqf Board in I.A.No.117 of 2025 in O.P.No.114 of 2025, they have to invoke the statutory remedy provided under sub-section (2) of Section 83 of the 1995 Act, by approaching the Waqf Tribunal.

17. In such circumstances, this writ petition filed on 19.02.2026 is dismissed on the ground of maintainability, without prejudice to the right of the petitioners to challenge Ext.P7 order dated 20.01.2026 of the State Waqf Board, invoking the statutory remedy provided under sub-section (2) of Section 83 of the 1995 Act.

                  The legal and factual contentions raised by both sides are left open to be raised before the Waqf Tribunal, at the appropriate stage.