High Court of KeralaDivision Bench2023-07-10Civil revision petitions dismissed; six months ...

CRP(WAKF) Nos. 641/2018, 650/2018, 653/2018, 672/2018, 673/2018, 674/2018, 676/2018, 688/2018, 699/2018; Revision Petitions relating to eviction of tenants of Panoor Jama-ath Palli, Kerala

Case / Petition Number:CRP(WAKF) Nos. 641/2018, 650/2018, 653/2018, 672/2018, 673/2018, 674/2018, 676/2018, 688/2018, 699/2018

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: A. Muhamed Mustaque
Sophy Thomas
Judgment Date: 2023-07-10
Court Decision / Holding: We dismiss all these civil revision petitions. Six months’ time is granted to the tenants to vacate the building, on condition they clear all arrears within one month and continue paying rent thereafter. If there is any default, the Tribunal may enforce this order.
Final Disposition: Civil revision petitions dismissed; six months to vacate with arrears clearance within one month and continued rent payments; enforcement by Tribunal on default.

Parties to the Case

Appellants / Petitioners

V.K. Kunjiraman
M.P. Udayabanu
Sreedharan
Thayullathil Jameela
Mamootty Haji
Mammi Thuvvalil
Shamsheer
Manaf
Junais e

Respondents

Chief Executive Officer, Kerala State Wakf Board
Interim Mutawalli, Panoor Jama-ath Palli
Addl.R3 Rasak Thayyullathil

Legal Representation & Advocates

Counsels for Petitioners

• P. Shrihari
• M. Harisharma

Counsels for Respondents

• T. K. Saidalikutty
• K. M. Faisal
• T. Sajid Babu Karukapadath
• M. Vaheeda Babu
• P. U. Vinod Kumar
• Amrin Fathima Lakshmi
• V. R.
• Jamsheed Hafiz

Case Synopsis & Summary

The judgment concerns a consolidated challenge by tenants (revision petitioners) to eviction orders issued by the Chief Executive Officer of the Kerala State Wakf Board under Section 54 of the Wakf Act, 1995, and related rulings of the Wakf Tribunal. The Jama-ath committee constructed a building on Wakf property and leased it to tenants; the Jama-ath moved the CEO to treat occupiers as encroachers after the lease expired. The petitioners argued lack of jurisdiction for the CEO and Tribunal to adjudicate eviction appeals, and questioned whether the building was Wakf property/registered with the Wakf Board. The court notes the Wakf Act amendment in 2013 introducing Section 3(ee), defining encroachers broadly as occupiers on Wakf property without authority, including tenants with expired leases. The decision clarifies that under Sections 54, 55, and the 2013 amendment, the CEO and Tribunal have jurisdiction to order eviction of encroachers. The court considers that the Wakf property is properly registered and that enforcement of eviction is permissible. Although relying on earlier decisions cited by petitioners, the court distinguishes them as pre-amendment authorities and upholds the CEO’s and Tribunal’s powers. Ultimately, the petitions are dismissed, with six months for tenants to vacate upon timely payment of arrears and continued rent obligations.

Provisions of Law Cited

Wakf Act, 1995, Section 54Wakf Act, 1995, Section 3(ee)Wakf Act, 1995, Section 55Wakf Act, 2013 amendment to Section 3(ee)

Legal Doctrines & Maxims

Encroacher defined under Wakf Act, Section 3(ee)
Jurisdiction of Chief Executive Officer and Wakf Tribunal under Wakf Act (Sections 54 and 55) to adjudicate eviction of encroachers

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants contended that the Chief Executive Officer lacked jurisdiction to initiate eviction proceedings, as the disputes were more apt for Civil Court, and there was no material showing the building was Wakf property or registered with the Wakf Board. They relied on pre‑amendment authorities to argue against such eviction actions and questioned the application of Section 3(ee)’s encroacher definition to tenants holding over after lease expiry.

Contentions of Respondents

The respondents contended that the Wakf Board, via the CEO, has jurisdiction to evict encroachers under Section 54, supported by the expanded definition of encroacher in Section 3(ee) after the 2013 amendment, with enforcement via Section 55. They argued the Wakf property is properly registered and that eviction orders are legally sustainable under the Wakf Act.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
Telangana State Wakf Board and Another v. Mohamed Muzafar	2021 KHC 6349	Distinguished	Cited by petitioners but distinguished by the court on the ground that the decision was rendered before the 2013 amendment introducing Section 3(ee) defining encroachers; not applicable to the present pre-existing amendment framework.
Faseela M. v. Munnerul Islam Madrasa Committee and Another	2014 KHC 4405	Distinguished	Similarly distinguished as pre-amendment authority; the 2013 amendment alters the legal landscape governing encroachments on Wakf property.

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Extracted Judgment Text

Exact text extracted from official judgment records.

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** # **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SOPHY THOMAS** **MONDAY, THE 10[TH] DAY OF JULY 2023 / 19TH ASHADHA, 1945** **CRP(WAKF) NO.641 OF 2018** **AGAINST THE ORDER DATED 28/04/2018 IN I.A.NO.219/2018 IN** **O.A.NO.92/2017 OF WAKF TRIBUNAL, KOZHIKODE** ## **REVISION PETITIONER:** **V.K. KUNJIRAMAN, AGED 68 YEARS, S/O. KORAN, JANISH HOUSE, VARIYAMKANDIYIL, PANOOR P.O., KANNUR - 670692.** **BY ADVS.** **SRI.P.SHRIHARI SRI.M.HARISHARMA** ## **RESPONDENTS:** - **1 CHIEF EXECUTIVE OFFICER, ERNAKULAM KERALA STATE WAKF BOARD, VIP ROAD, KALOOR, KOCHI, ERNAKULAM - 682017.** - **2 INTERIM MUTHAVALLI, PANOOR JAMA-ATH PALLI, PANOOR P.O., PANOOR - 670692, KANNUR DISTRICT.** - **ADDL.R3 RASAK THAYYULLATHIL, AGED 59 YEARS, S/O. ABDULLA, 'IJABA', PANNUR PO, KANNUR DISTRICT-670692.** **(ADDITIONAL RESPONDENT NO.3 IS IMPLEADED AS PER ORDER DATED 10/7/23 IN I.A.NO.1/2023)** **BY ADVS. SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD SRI.K.M.FAISAL (KALAMASSERY)** **T.P.SAJID BABU KARUKAPADATH M.A.VAHEEDA BABU P.U.VINOD KUMAR AMRIN FATHIMA LAKSHMI V.R** **SRI.JAMSHEED HAFIZ, SC, WAQF BOARD** **THIS CRP (WAKF ACT) HAVING BEEN FINALLY HEARD ON 10.07.2023, ALONG WITH CRP(WAKF).650/2018, 653/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** CRP(Wakf) No.641/2018 and conn.cases 2 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS.JUSTICE SOPHY THOMAS** **MONDAY, THE 10[TH] DAY OF JULY 2023 / 19TH ASHADHA, 1945** ## **CRP(WAKF) NO.650 OF 2018** **AGAINST THE ORDER DATED 28.O4.2018 IN I.A.NO.220/2018 AND ORDER DATED** **23.01.2018 IN O.A.NO.93/2017 OF WAKF TRIBUNAL, KOZHIKODE** ## **REVISION PETITIONER:** **M.P.UDAYABANU, AGED 46 YEARS, S/O.KUNHIKRISHNA KURUP, KRISHNA KRIPA, CHENDAYAD POST, KANNUR-670692.** **BY ADVS. SRI.P.SHRIHARI SRI.M.HARISHARMA** ## **RESPONDENTS:** **1 CHIEF EXECUTIVE OFFICER, KERALA STATE WAKF BOARD VIP ROAD, KALOOR, KOCHI, ERNAKULAM-682017.** **2 INTERIM MUTHAVALLI, PANOOR JAMA-ATH PALLI, PANOOR.P.O, PANOOR-670693, KANNUR DISTRICT.** **ADDL.R3 RASAK THAYYULLATHIL, AGED 59 YEARS, S/O. ABDULLA, 'IJABA', PANNUR PO, KANNUR DISTRICT-670692.** **(ADDITIONAL RESPONDENT NO.3 IS IMPLEADED AS PER ORDER DATED 10/7/23 IN I.A.NO.1/2023)** **BY ADVS.** **SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD BABU KARUKAPADATH** **T.P.SAJID M.A.VAHEEDA BABU K.M.FAISAL (KALAMASSERY) P.U.VINOD KUMAR AMRIN FATHIMA** **SRI.JAMSHEED HAFIZ, SC, WAQF BOARD** **THIS CRP (WAKF ACT) HAVING BEEN FINALLY HEARD ON 10.07.2023, ALONG WITH CRP(WAKF).641/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** CRP(Wakf) No.641/2018 and conn.cases 3 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SOPHY THOMAS** **MONDAY, THE 10[TH] DAY OF JULY 2023 / 19TH ASHADHA, 1945** ## **CRP(WAKF) NO.653 OF 2018** **AGAINST THE ORDER DATED 07/02/2018 IN O.A.NO.86/2017 OF WAKF** ## **TRIBUNAL, KOZHIKODE** ## **REVISION PETITIONER:** **SREEDHARAN, AGED 65 YEARS, S/O. KORUMBAM, MELKURUNGODE, PERINGADI P.O, NEW MAHE** . **BY ADVS. SRI.P.SHRIHARI SRI.M.HARISHARMA** ## **RESPONDENTS:** **1 CHIEF EXECUTIVE OFFICER, KERALA STATE WAKF OF BOARD, VIP ROAD, KALOOR, KOCHI, ERNAKULAM - 682 017. 2 INTERIM MUTHAVALLI, PANOOR JAMA-ATH PALLI, PANOOR P.O, PANOOR - 670 692, KANNUR DISTRICT. ADDL.R3 RASAK THAYYULLATHIL, AGED 59 YEARS, S/O. ABDULLA, 'IJABA', PANNUR PO, KANNUR DISTRICT-670692.** **(ADDITIONAL RESPONDENT NO.3 IS IMPLEADED AS PER ORDER DATED 10/7/23 IN I.A.NO.1/2023)** **BY ADVS. SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD BABU KARUKAPADATH T.P.SAJID M.A.VAHEEDA BABU SRI.T.P.SAJID, SC, KERALA STATE WAQF BOARD SRI.JAMSHEED HAFIZ, SC, WAQF BOARD** **THIS CRP (WAKF ACT) HAVING BEEN FINALLY HEARD ON 10.07.2023, ALONG WITH CRP(WAKF).641/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** CRP(Wakf) No.641/2018 and conn.cases 4 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &** **THE HONOURABLE MRS. JUSTICE SOPHY THOMAS** **MONDAY, THE 10[TH] DAY OF JULY 2023 / 19TH ASHADHA, 1945** **CRP(WAKF) NO. 672 OF 2018** **AGAINST THE ORDER DATED 03/03/2018 IN O.A.NO.79/2017 OF WAKF** ## **TRIBUNAL, KOZHIKODE** ## **REVISION PETITIONER:** **THAYULLATHIL JAMEELA, AGED 55 YEARS, W/O MAMMOOTTY T.K., THUCHANKADNY, POKKOM P.O., KANNUR-670692.** **BY ADVS. SRI.P.SHRIHARI SRI.M.HARISHARMA** ## **RESPONDENTS:** **1 CHIEF EXECUTIVE OFFICER, KERALA STATE WAKF BOARD, KERALA STATE WAKF BOARD, VIP ROAD, KALOOR, KOCHI, ERNAKULAM-682017. 2 INTERIM MUTHAVALLI, PANOOR JAMA-ATH PALLI, PANOOR PO, PANOOR-670692, KANNUR DISTRICT.** - **ADDL.R3 RASAK THAYYULLATHIL, AGED 59 YEARS, S/O. ABDULLA, 'IJABA', PANNUR P.O., KANNUR DISTRICT-670692.** **(ADDITIONAL RESPONDENT NO.3 IS IMPLEADED AS PER ORDER DATED 10/7/23 IN I.A.NO.1/2023)** **BY ADVS. SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD BABU KARUKAPADATH M.A.VAHEEDA BABU SRI.T.P.SAJID, SC, KERALA STATE WAQF BOARD** **SRI.JAMSHEED HAFIZ, SC, WAQF BOARD** **THIS CRP (WAKF ACT) HAVING BEEN FINALLY HEARD ON 10.07.2023, ALONG WITH CRP(WAKF).641/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** CRP(Wakf) No.641/2018 and conn.cases 5 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SOPHY THOMAS** **MONDAY, THE 10[TH] DAY OF JULY 2023 / 19TH ASHADHA, 1945** ## **CRP(WAKF) NO.673 OF 2018** **AGAINST THE ORDER DATED 09.03.2018 IN O.A.NO.88/2017 OF WAKF** ## **TRIBUNAL, KOZHIKODE** ## **REVISION PETITIONERS/RESPONDENTS 1 AND 2:** - **1 V. FAISAL, AGED 36 YEARS, PARTNER OF NEW STYLE SAREES AND READYMADE, PANOOR, S/O. KHADER, SAJRAS HOUSE, CHEMBAD P.O., PANOOR - 670 692.** - **2 JOSHITH, AGED 32 YEARS, S/O.MOHANAN, VADI HOUSE, PARTNER OF NEW STYLE SAREES AND READYMADE, PANOOR, PANOOR POST, KANNUR - 670 692.** **BY ADV SRI.P.SHRIHARI** ## **RESPONDENTS:** - **1 CHIEF EXECUTIVE OFFICER, KERALA STATE WAKF BOARD, VIP ROAD, KALOOR, KOCHI, ERNAKULAM - 682 017.** - **2 INTERIM MUTAWALLI, PANOOR JAMAATH PALLI, PANOOR P.O, PANOOR - 670 692, KANNUR DISTRICT.** - **ADD.R3 RASAK THAYYULLATHIL, AGED 59 YEARS, S/O. ABDULLA, 'IJABA', PANNUR P.O., KANNUR DISTRICT-670692.** **(ADDITIONAL RESPONDENT NO.3 IS IMPLEADED AS PER ORDER DATED 10/7/23 IN I.A.NO.1/2023)** **BY ADVS. SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD M.A.VAHEEDA BABU SRI.T.P.SAJID, SC, KERALA STATE WAQF BOARD SRI.BABU KARUKAPADATH** **SRI.JAMSHEED HAFIZ, SC, WAQF BOARD** **THIS CRP (WAKF ACT) HAVING BEEN FINALLY HEARD ON 10.07.2023, ALONG WITH CRP(WAKF).641/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** CRP(Wakf) No.641/2018 and conn.cases 6 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SOPHY THOMAS** **MONDAY, THE 10[TH] DAY OF JULY 2023 / 19TH ASHADHA, 1945** **CRP(WAKF) NO. 674 OF 2018** **AGAINST THE ORDER DATED 06/03/2018 IN O.A.NO.83/2017 OF WAKF** **TRIBUNAL, KOZHIKODE** ## **REVISION PETITIONER:** **MAMMOOTTY HAJI, AGED 69 YEARS, S/O MOOSSA, THULICHANKANDY, POKKOM PO, KANNUR-670692.** **BY ADVS. SRI.P.SHRIHARI SRI.M.HARISHARMA** ## **RESPONDENTS:** **1 CHIEF EXECUTIVE OFFICER, KERALA STATE WAKF BOARD, VIP ROAD, KALOOR, KOCHI, ERNAKULAM-682017.** **2 INTERIM MUTHAVALLI, PANOOR JAMA-ATH PALLI, PANOOR PO, PANOOR -670692, KANNUR DISTRICT.** **ADDL.R3 RASAK THAYYULLATHIL, AGED 59 YEARS, S/O. ABDULLA, 'IJABA', PANNUR P.O., KANNUR DISTRICT-670692.** **(ADDITIONAL RESPONDENT NO.3 IS IMPLEADED AS PER ORDER DATED 10/7/23 IN I.A.NO.1/2023)** **BY ADVS. SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD BABU KARUKAPADATH T.P.SAJID M.A.VAHEEDA BABU SRI.T.P.SAJID, SC, KERALA STATE WAQF BOARD SRI.JAMSHEED HAFIZ, SC, WAQF BOARD** **THIS CRP (WAKF ACT) HAVING BEEN FINALLY HEARD ON 10.07.2023, ALONG WITH CRP(WAKF).641/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** CRP(Wakf) No.641/2018 and conn.cases 7 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &** **THE HONOURABLE MRS. JUSTICE SOPHY THOMAS** **MONDAY, THE 10[TH] DAY OF JULY 2023 / 19TH ASHADHA, 1945** **CRP(WAKF) NO. 676 OF 2018** **AGAINST THE ORDER DATED 28/02/2018 IN O.A.NO.76/2017 OF WAKF** **TRIBUNAL, KOZHIKODE** ## **REVISION PETITIONER:** **MAMMI THUVVALIL, AGED 65 YEARS, W/O. ABOOBACKER HAJI, SHOP ROOM NOS.XII/984 AND 985 AND 986, POST PANOOR, PANOOR, KANNUR-670693.** **BY ADV. SRI.P.SHRIHARI** ## **RESPONDENTS:** **1 CHIEF EXECUTIVE OFFICER, KERALA STATE WAKF BOARD, VIP ROAD, KALOOR, KOCHI, ERNAKULAM-682017. 2 INTERIM MUTAWALLI, PANOOR JAMA-ATH PALLI, PANOOR P.O., PANOOR-670692, KANNUR DISTRICT. ADDL.R3 RASAK THAYYULLATHIL, AGED 59 YEARS, S/O. ABDULLA, 'IJABA', PANNUR P.O., KANNUR DISTRICT-670692.** **(ADDITIONAL RESPONDENT NO.3 IS IMPLEADED AS PER ORDER DATED 10/7/23 IN I.A.NO.1/2023)** **BY ADVS. SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD BABU KARUKAPADATH T.P.SAJID SRI.T.P.SAJID, SC, KERALA STATE WAQF BOARD SMT.M.A.VAHEEDA BABU** **SRI.JAMSHEED HAFIZ, SC, WAQF BOARD** **THIS CRP (WAKF ACT) HAVING BEEN FINALLY HEARD ON 10.07.2023, ALONG WITH CRP(WAKF).641/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** CRP(Wakf) No.641/2018 and conn.cases 8 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE** ## **&** **THE HONOURABLE MRS. JUSTICE SOPHY THOMAS** **MONDAY, THE 10[TH] DAY OF JULY 2023 / 19TH ASHADHA, 1945** ## **CRP(WAKF) NO. 688 OF 2018** **AGAINST THE ORDER DATED 02/03/2018 IN O.A.NO.77/2017 OF WAKF** ## **TRIBUNAL, KOZHIKODE** ## **REVISION PETITIONER:** **A.ABOOBACKER, AGED 72 YEARS, S/O.MOOSSA, ANDHATHODANTHAVIDA, ALANKODE P.O., PANOOR, KANNUR - 670 692. BY ADV.SRI.P.SHRIHARI** ## **RESPONDENTS:** **1 CHIEF EXECUTIVE OFFICER, KERALA STATE WAKF BOARD, VIP ROAD, KALOOR, KOCHI, ERNAKULAM - 682 017.** **2 INTERIM MUTHAVALLI, PANOOR JAMA-ATH PALLI, PANOOR P.O., PANOOR - 670 692, KANNUR DISTRICT.** **ADDL.R3 RASAK THAYYULLATHIL, AGED 59 YEARS, S/O. ABDULLA, 'IJABA', PANNUR P.O., KANNUR DISTRICT-670692.** **(ADDITIONAL RESPONDENT NO.3 IS IMPLEADED AS PER ORDER DATED 10/7/23 IN I.A.NO.1/2023)** **BY ADVS. SRI.BABU KARUKAPADATH T.P.SAJID SRI.T.P.SAJID, SC, KERALA STATE WAQF BOARD SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD** **SRI.JAMSHEED HAFIZ, SC, WAQF BOARD** **THIS CRP (WAKF ACT) HAVING BEEN FINALLY HEARD ON 10.07.2023, ALONG WITH CRP(WAKF).641/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** CRP(Wakf) No.641/2018 and conn.cases 9 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MRS. JUSTICE SOPHY THOMAS** **MONDAY, THE 10[TH] DAY OF JULY 2023 / 19TH ASHADHA, 1945** ## **CRP(WAKF) NO. 699 OF 2018** **AGAINST THE ORDER DATED 08/03/2018 IN O.A.NO.87/2017 OF WAKF** ## **TRIBUNAL, KOZHIKODE** ## **REVISION PETITIONERS:** - **1 SHAMSHEER, AGED 33 YEARS, S/O.ABDULLA, KUNIYIL HOUSE, PANOOR, POST PANOOR, KANNUR-670692.** - **2 MANAF, AGED 35 YEARS, S/O.USMAN, KOLASSERINTEVEEDU HOUSE, PANOOR, POST PANOOR, KANNUR-670692.** - **3 JUNAISE, AGED 32 YEARS, S/O.USMAN, PUTHUKUDY HOUSE, PANOOR, POST PANOOR, KANNUR-670692** ## **BY ADV SHRIHARI P.** ## **RESPONDENTS:** - **1 CHIEF EXECUTIVE OFFICER, KERALA STATE WAKF BOARD, VIP ROAD, KALOOR, KOCHI, ERNAKULAM- 682017.** - **2 INTERIM MUTAWALLI, PANOOR JAMAATH PALLI, PANOOR P.O., PANOOR-670692, KANNUR DISTRICT.** - **ADDL.R3 RASAK THAYYULLATHIL, AGED 59 YEARS,** - **S/O. ABDULLA, 'IJABA', PANNUR P.O., KANNUR DISTRICT-670692.** **(ADDITIONAL RESPONDENT NO.3 IS IMPLEADED AS PER ORDER DATED 10/7/23 IN I.A.NO.1/2023)** **BY ADVS.** **SRI.T.P.SAJID, SC, KERALA STATE WAQF BOARD BABU KARUKAPADATH T.P.SAJID SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD** **SRI.JAMSHEED HAFIZ, SC, WAQF BOARD** **THIS CRP (WAKF ACT) HAVING BEEN FINALLY HEARD ON 10.07.2023, ALONG WITH CRP(WAKF).641/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** CRP(Wakf) No.641/2018 and conn.cases 10 ## **ORDER** **[CRP(WAKF) Nos.641/2018, 650/2018, 653/2018, 672/2018, 673/2018, 674/2018, 676/2018, 688/2018, 699/2018]** ## A.Muhamed Mustaque, J. A short question in these civil revision petitions under the Wakf Act, 1995 (for short, the 'Act') is as to the competency of the Chief Executive Officer of the Kerala State Wakf Board to initiate proceedings for eviction of tenants. Admittedly, the revision petitioners in all these cases are tenants of the Panoor Jama-ath Palli. The said Palli constructed a building in the Wakf property and gave it on lease to these tenants. The Jama-ath Committee moved the Chief Executive Officer under Section 54 of the Act, claiming that the occupation by the tenants was as encroachers and has to be removed. All the tenants admitted that the period fixed in the lease is over. After issuing notice to the tenants, the Chief Executive Officer passed an order. Thereafter, he moved the Tribunal for enforcement of the order under Section 54 of the Act. There, the tenants appeared but did not contest. Applications were filed to set aside the ex parte order. That was rejected stating that there was no scope for contesting the matter. Challenging these orders, the tenants have come up with these civil revision petitions. CRP(Wakf) No.641/2018 and conn.cases 11 2.Heard the learned counsel for the revision petitioners, the learned Standing Counsel for the Wakf Board and the learned counsel for the Jama-ath Committee. 3. The learned counsel for the revision petitioners raised a two fold argument. Firstly, it was contended that the Chief Executive Officer as well as the Wakf Tribunal has no jurisdiction to entertain these claims for eviction inasmuch as that the disputes squarely fall within disputes amenable to be tried by the Civil Court. Secondly, it was argued that there is nothing on record to show that the building in question has been registered with the Wakf Board. 4. The learned counsel for the revision petitioners relied on the following judgments to rebut these arguments that the Chief Executive Officer as well as the Tribunal has jurisdiction. 1. Telangana State Wakf Board and Another v. Mohamed Muzafar [2021 KHC 6349]. 2. Faseela M. v. Munnerul Islam Madrasa Committee and Another [2014 KHC 4405]. 5. We would have been persuaded to accept the arguments raised by the learned counsel for the revision CRP(Wakf) No.641/2018 and conn.cases 12 petitioners, placing reliance on the above judgments but we note that these judgments have been rendered on a fact situation prevalent before an amendment was brought to the Wakf Act in the year 2013. A new provision has been incorporated by the amendment in 2013 under Section 3(ee) of the Act which defines 'encroacher'. The said provision reads thus: “encroacher” means any person or institution, public or private, occupying waqf property, in whole or part, without the authority or law and includes a person whose tenancy, lease or licence has expired or has been terminated by mutawalli or the Board. 6. The above provision clearly indicates that the tenant who is holding over after the determination of the lease, is treated as an encroacher of the Wakf property. The expansive meaning of encroacher, as defined under Section 3(ee) of the Act, comes under the the purview of disputes amenable to adjudication before the Chief Executive Officer as well as the Tribunal. The judgments relied on by the learned counsel for the revision petitioners have no relevance in this context for the simple reason that those judgments have been rendered based on the law and fact situation prevailing before the amendment. CRP(Wakf) No.641/2018 and conn.cases 13 7. Further, we note the power of the Chief Executive Officer under Section 54 of the Act. The said provision confers upon the Chief Executive Officer the power to remove encroachments after issuing a show cause notice. In the light of the definition in regard to encroacher as referred to under Section 3(ee) of the Act, there is no difficulty for the Chief Executive Officer to remove any encroachment after complying with the procedure as contemplated under Section 54 of the Act. For enforcing such orders, the Chief Executive Officer is also empowered to approach the Tribunal under Section 55 of the Act. We are of the considered view that the action is perfectly legal in terms of Section 54 r/w Section 3(ee) and Section 55 of the Act. 8. With regard to the question of whether the Wakf is specifically registered under the Act, we note the findings of the Tribunal itself. The Tribunal noted that the Wakf is registered with the Wakf Board. The Wakf being a Jama-ath Palli Committee, the construction has been made, admittedly, in the Wakf property. It is to be assumed that all the superstructure constructions in the Wakf property are also the Wakf property unless a contrary opinion can be formed with the materials available. Nobody has disputed that the land where the CRP(Wakf) No.641/2018 and conn.cases 14 construction of the building was undertaken, is not Wakf property. That be so, there is no meaning in contending that it is not a Wakf property. We, therefore, find no reason to revise the order invoking revisional jurisdiction. We dismiss all these civil revision petitions. However, we grant six months time to the tenants to vacate the building on the condition that they clear the entire arrears of rent within one month and continue to pay the rent hereafter, from time to time. If the revision petitioners commit default in complying with the directions, the Tribunal can enforce this order. **Sd/-** ## **A.MUHAMED MUSTAQUE** **JUDGE** **Sd/-** **SOPHY THOMAS JUDGE** ln