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Introduction
This case concerns a dispute over who has the legal right to manage the Akkaraipattu Town Jummah Mosque. The Mosque is a registered religious trust (Wakf) and, for more than 100 years, it has been managed according to traditional family and community customs, commonly known as the Kudi system.
In 2013, disagreements arose regarding who should hold the positions of President and Treasurer of the Mosque. As a result, the dispute was brought before the Wakfs Board of Sri Lanka under Case No. WB/6005/2013. The Board was asked to resolve the matter based on history, custom, and fairness.
Who Filed the Case (Petitioners)
The Petitioners are members of the community who claimed that the long standing customs of mosque administration were being ignored. They alleged that persons who were not entitled under tradition were attempting to take control of the Mosque’s administration.
The Petitioners are:
- Moulavi S.D.M. Haneefa
- S.M. Farook
- M.I. Thassim
- A.L. Thavam
- K.A. Saman
- A.M.A. Ismail
- A.J.M. Sajath
- M.P.M. Aliyar
- M.M. Thahir
- M.D.M. Noordeen
- Moulavi M.K.A. Ziyath
- M.I. Meera Mohideen
Who Opposed the Case (Respondents)
The Respondents are those who disagreed with the Petitioners and claimed that they too had a right to participate in the administration of the Mosque or to hold office.
The Respondents are:
- A.T. Farook
- D.S. Athamlebai
- S.M. Abdul Hassan
- M.A.Saleem
- A.R. Bishrulhafee
- M.I. Kiyafudeen
- M.A. Athamblebbai
- M.P.M. Hashim
- M.A.M. Sultan
- A.K. Abdul Jabbar
- L.M.M. Yahya
- M.I. Yaseen Bawa
- S.I. Ilbaleebai
Events During the Pendency of the Case
While the case was still pending, the Wakfs Board conducted a fresh selection of trustees in 2016. However, the dispute over the Presidency of the Trustee Board remained unresolved.
Both Moulavi M.K.A. Ziyath and Mr. Jameel (Kanoos) claimed the position of President. Due to this deadlock, the Board was managed by the Vice President, Mr. M.M.M. Uthumalebe. The trustees selected in 2016 continued in office until 2025, mainly because the case before the Wakfs Board had not yet been concluded.
Evidence Presented to the Wakfs Board
The Petitioners led evidence through witnesses, affidavits, and documents. They sought to prove that:
- The office of President traditionally belongs to Labbaik Kudi – Sinna Polinaval Katharai
- Arachipodiyar Katharai is a newly formed group, said to have emerged around 1990
- The office of Treasurer traditionally belongs to Rasampillai Kudi – Nachiyar Katharai
On 15 May 2025, lawyers for both sides submitted a proposed settlement titled “Marabu Vazhi Awanam”. However, the 4th Respondent, Mr. M.A. Saleem, objected to this settlement and requested that the inquiry be reopened.
Failure of the Respondents to Prove Their Case
Although the Respondents filed affidavits, they did not lead evidence or produce witnesses to support their claims. Even after being given a final opportunity on 3 September 2025, they failed to establish their position.
Decision of the Wakfs Board
After considering all the evidence, the Wakfs Board decided that:
- The Akkaraipattu Town Jummah Mosque is governed by a valid customary Kudi system
- Labbaik Kudi – Sinna Polinaval Katharai alone is entitled to the office of President
- The office of Treasurer belongs exclusively to Rasampillai Kudi – Nachiyar Katharai
- The Respondents failed to prove any lawful deviation from the recognised custom
Orders Made by the Wakfs Board
The Board issued binding directions, including:
- Submission of the names of the Trustee Board within one week of the Order
(on or before 4 February 2026) - Submission of a written constitution by the current Persons-in-Charge
(on or before 25 February 2026) - Submission of mosque renovation plans, drawings, and Building Committee details
(on or before 04 February 2026)
The Board also warned that it would take further action if these orders are not complied with.
An Important Unanswered Question
While the decision resolves a long-standing dispute, an important grey area still remains. If Arachipodiyar Katharai is indeed a newly formed group, then it does not form part of the traditional Kudi system recognised by the judgment.
According to the decision, Arachipodiyar Katharai is not entitled to representation in the Mosque administration. This raises an important question:
To which Katharai do its members legally belong, and how can they exercise their voting or choice in the selection of future Trustees under the recognised system?
This is a matter that may require future clarification or policy guidance to ensure inclusivity and long-term harmony within the community.
Right of Appeal
Under the Wakfs Act and the general law of Sri Lanka, any party who is dissatisfied with a decision of the Wakfs Board may seek legal remedies. This may include filing an appeal before the Wakfs Tribunal or invoking the writ jurisdiction of the Court of Appeal on questions of law or procedural fairness. The availability and success of such remedies depend on the facts and the applicable legal principles.