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2019 Supreme(Ker) 433

K.HARILAL, ANNIE JOHN
Manoj Kumar – Appellant
Versus
Chief Executive Officer, Kerala State Wakf Board – Respondent


Advocates Appeared:
For the Appellant : Sri.T.Madhu, Adv.
For the Respondent: Sri.P.A.Abdul Jabbar, T.P.Sajid, Standing Counsel, Advs.

ORDER :

Harilal, J.

The revision petitioner is the first respondent in O.A.No.108/2017 on the files of the Wakf Tribunal, Kozhikode. The aforesaid application was one filed by the Chief Executive Officer [for short, 'CEO'], Kerala State Wakf Board, under Section 54(3) of the Wakf Act, 1995 for removing the encroachment. (Parties are referred to as in the original application).

2. According to the averments in the application, the application schedule building is a Wakf property registered with the Wakf Board in the year 1961 and the property details are entered into the Wakf register also. The said property was being managed by the Mutawalli of the Wakf. The CEO of the Wakf board has initiated proceedings, on the basis of a complaint filed by the Mutawalli, to the effect that the first respondent is illegally occupying the above said property. On the basis of the said report, a notice was issued to the first respondent and the same was served on the first respondent. In the notice, the first respondent was directed to show cause as to why an order requiring him to remove the encroachment should not be passed against him. Consequently, he appeared and filed a written objection contendi















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