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2019 Supreme(Ker) 231

C.K.ABDUL REHIM, R.NARAYANA PISHARADI
P. K. Hamza Hajee – Appellant
Versus
Kerala State Wakf Board Represented By Its Chief Executive Officer – Respondent


Advocates Appeared:
For the Petitioners: Adv. Sri. P.K. Mohammed Puzhakkara.
For the Respondents: SC, Wakf Board- Sri. T.P. Sajid.

JUDGMENT :

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 th






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