IMPORTANT POINTS:
The power for removal of the encroachment is vested only on the Chief Executive Officer and on the Wakf Tribunal- The Chief Executive Officer himself has to initiate the proceedings under Section 54. He is bound to conduct an enquiry based on the objection if any received from the alleged `encroacher` - On satisfaction about the encroachment, he is bound to approach the Wakf Tribunal for getting an order of removal of the encroachment - There is no provision in the Wakf Act or under the Lease Rules authorising the Chief Executive Officer to delegate such powers to any other officer of the Wakf Board.

C.K. ABDUL REHIM, J.

1. When the above writ petition came up for admission, we directed the Standing Counsel appearing for respondents 1 & 2 to get instructions. After hearing the learned counsel for the petitioner and also the Standing Counsel, who argued the case on the basis of instructions received from the respondents 1 & 2, we think it appropriate to allow the writ petition even without issuing notice to the respondents 3 & 4, at the stage of admission of the case itself.

2. Challenge in the writ petition is against Ext.P5 notice issued to the petitioner by the 2nd respondent and also against Ext.P8 letter issued by the 2nd respondent to the 4th respondent. Inter alia, the petitioner seeks direction for consideration of Ext.P6 request submitted to the 2nd respondent.

3. The petitioner is occupying a shop room bearing No.3/392, belonging to the 3rd respondent wakf, on rental basis. Exhibit P5 notice was issued by the 2nd respondent intimating the petitioner that, he is illegally occupying the shop room in question, after expiry of the period of lease, in contravention of Section 54 of the Wakf Act, 1995. Through the said notice, the petitioner was requested to vacate the shop room and to hand over possession of the same to the wakf concerned, within 15 days, failing which action under Section 55 was proposed. It is made clear in the said notice that, the petitioner will be at liberty to participate in the auction to be conducted for leasing out the shop room in question, under the Wakf Properties Lease Rules, 2014 (as amended).

4. According to the petitioner, on receipt of Ext.P5 notice, he had submitted Ext. P6 reply to the 2nd respondent, refuting the allegation that he is illegally occupying the shop room and also denying the allegation that he is an 'encroacher' under Section 54 of the Wakf Act. But, without considering such objections, the 2nd respondent issued Ext.P8 letter to the 4th respondent intimating about the issuance of Ext.P5 notice and authorising the 4th respondent to take appropriate steps for leasing out the shop room to anybody, in accordance with the Lease Rules.

5. Challenge raised by the petitioner is mainly against competence of the 2nd respondent in initiating the proceedings under Section 54 of the Wakf Act. It is not in dispute that the authority empowered to take action for removal of any encroachment from a Wakf property is the 'Chief Executive Officer' of the Wakf Board. For initiating any such action, the Chief Executive Officer is bound to cause a notice on the 'encroacher' specifying particulars of the encroachment and calling upon him to show cause as to why an order requiring him to remove the encroachment should not be made. As per subsection (3) of Section 54, the Chief Executive Officer is bound to consider objection if any raised by the 'encroacher' and to conduct an enquiry in the manner prescribed. In such enquiry, if he is satisfied that there is an encorachment in the wakf property, he has to make an application before the Tribunal for grant of an order of removal of such encroachment and to deliver possession of the property to the 'Muthavally' of the Wakf. It is for the Tribunal, on receipt of such an application from the Chief Executive Officer, to make an order of eviction, for the reasons to be recorded thereof and directing the person in occupation of the Wakf property to vacate the premises, after giving an opportunity of being heard to the person against whom such application for eviction has been filed by the Chief Executive Officer.

6. While considering scope of the above mentioned statutory provisions, it is clear that the power for removal of the encroachment is vested only on the Chief Executive Officer and on the Wakf Tribunal. The Chief Executive Officer himself has to initiate the proceedings under Section 54. He is bound to conduct an enquiry based on the objection if any received from the alleged 'encroacher'. On satisfaction about the encroachment, he is bo