T.M.HASSAN PILLAI, K.NARAYANA KURUP
K. K. Krishna Pillai – Appellant
Versus
Infant Jesus Church, Ernakulam – Respondent
Wakf-owned buildings were upheld as valid exemptions because they were supported by relevant materials and considered lawful (!) . The court distinguished these from other religious minority institutions, whose exemptions were struck down due to arbitrariness and constitutional violations (!) .
K. Narayana Kurup, J.
In all these Writ Petitions tenants of buildings owned by certain minority religions figure as petitioners. The Government of Kerala, in exercise of the powers conferred by S.25(1) of the Kerala Buildings (Lease & Rent Control) Act, 1965 (Act 2 of 1965) (for short 'the act') issued a notification as per G.O. (MS) No. 14/92/HSG dated 7.3.1992 exempting in public interest the buildings of churches, mosques, of all the minority religions from the provisions of Ss.4, 5, 7, 8, 11, and 13 of the Act. Subsequently, the aforesaid notification issued in 1992 was amended by Notification dated 30.10.1996 vide SRO 769/96. The effect of the amendment is that while the 1992 Notification exempted buildings of all churches/mosques of all minority religions from the provisions of the Act referred to therein, the 1 alter Notification of 1996 widened the scope of exemption by exempting the buildings of all Dioceses, Arch-dioceses, Monastries, Convents, Wakfs and Madrassas in the State also from the purview of the Act. For the sake of convenience and easy reference S.25 of the Act and the two exemption notifications referred to above are reproduced as follows:
"25. Exem
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