KOCHI: The Kerala High Court on Monday set aside the Wakf Tribunbal's verdict allowing the sale of Sathar Island.
Citing a Supreme Court verdict, the High Court said: "The jurisdiction to determine whether or not a property is a Wakf property or whether a Wakf is a Shia wakf or Sunni wakf rests solely with the Wakf Tribunal. No suit or proceedings can be instituted or commenced in a civil court in relation to such a question." A Division Bench comprising Justice A K Basheer and Justice P Q Barkath Ali issued the order while considering a petition filed by Shamsad Hussain Sait challenging the Wakf Board's order.
The petitioner contended that the tribunal allowed the compromise petition submitted by Rajesh and Chandrabose, both of Ernakulam, without following the mandatory provisions of the Wakf.
The petitioner further contended that the property was not a Wakf property and even if it was Wakf property, there was no sanction from the Wakf Board.
The petitioner, a beneficiary of Abdul Sathar Haji Moosa Sait Dharmasthanam, a trust created by Abdul Sathar Haji Moosa Sait, contended that according to the will, the property was inalienable. "The management trustee of Dharmasthanam has contracted with Rajesh and Chandrabose for the sale of Sathar Island having an area of 154 acres and 27 cents at a throwaway price of Rs 5.05 crore" the petitioner contended.