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Religious & Charitable Endowments LawSupreme Court of India

Aliyathammuda Beethathebiyyappura Pookoya v. Pattakal Cheriyakoya

Civil Appeal · 2019 INSC 849Decided 1 Aug 2019
Civil Appeal No. 9586 of 2010
Justice Mohan M. Shantanagoudar · Justice Ajay Rastogi

Background

The dispute concerned who had the right to be mutawalli (manager/trustee) of the Andrott Jumah Mosque, a public waqf in Lakshadweep. The respondents, members of the Pattakal family, claimed a customary hereditary right to the office as descendants of the mosque's original founder, Saint Ubaidulla, with the family choosing the mutawalli from among themselves. The appellants, including members of a different family claiming to be the mosque's khateebs (sermon-givers) and others claiming to represent Andrott Island residents, disputed this, arguing the mosque had historically been administered by local committees and elected representatives rather than one family. The Kerala High Court had ruled in favour of the Pattakal family's customary claim, prompting these appeals to the Supreme Court.

Decision Breakdown

The Supreme Court held that the Pattakal family had, through clear and consistent historical evidence, established a continuous and invariable practice of the mutawalli office devolving within their family since the mosque's founding, satisfying the legal requirements for proving a customary right of hereditary succession to a religious office. The Court clarified that such a hereditary customary right does not make the office immune from oversight: even a mutawalli from the founder's family can be removed for mismanagement, and the Waqf Act's safeguards continue to apply regardless of who holds the position. Finding the customary practice neither unreasonable nor contrary to public policy, the Court upheld the High Court's judgment and dismissed all three connected appeals, confirming the Pattakal family's customary right to the office.

Lesson Learnt

A long-standing, consistently followed family custom regarding who manages a religious trust (like a mosque's mutawalli) can be legally recognised and enforced by courts, but recognition of such a hereditary custom does not exempt the office-holder from removal or accountability for mismanagement under the governing law (here, the Waqf Act).

Aliyathammuda Beethathebiyyappura Pookoya v. Pattakal Cheriyakoya – Legal Case Shots | LegalAware