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2017 Supreme(Ker) 850

C.T.RAVIKUMAR, ANIL K.NARENDRAN
Mercy Baby represented by Her Power of Attorney Holder & Husband Jose Baby – Appellant
Versus
Kerala State Waqf Board, represented by its Chief Executive Officer – Respondent


Advocates Appeared:
For the Petitioner:B. Ramachandran, Advocate.
For the Respondents:K. Shibili Naha, SC, Kerala State Wakf Board, P.A. Abdul Jabbar, Advocate.

JUDGMENT :

Anil K. Narendran, J.

1. The petitioner, who is a tenant in occupation of two shop rooms bearing Door Nos.C.C.VI/939 (New No.V/2257) and C.C. VI/940 (New No.V/2258) situated at Bazar Road, Mattanchery, owned by M/s.Abdul Sathar Haji Moosa Sait Dharmastapanam, represented by its Managing Trustee, is before this Court in this writ petition seeking a writ of certiorari to quash Ext.P12 order dated 20.04.2017 of the Chief Executive Officer of the Kerala State Waqf Board, the first respondent herein, issued in exercise of its powers under Section 54 read with Section 25 of the Waqf Act, 1995. The petitioner has also sought for a writ of mandamus commanding the Waqf Board to participate in Ext.P10 suit, i.e., O.S.No.47 of 2017 on the file of the Munsiff's Court, Kochi, since the Board has already subjected itself to the jurisdiction of the said court, and not to evict her till the said suit reaches a final conclusion.

2. On 05.05.2017, this Court issued notice on admission in the writ petition and it was ordered that Ext.P12 order shall be kept in abeyance till 23.05.2017. The said interim order was extended from time to time and the same is still in force.

3. A counter affidavit































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