JUDGMENT :

Abdul Rehim, J.

Exhibit P4 order passed by the Chief Executive Officer (CEO) of the 1st respondent Board is under challenge in this writ petition. Evidently, the impugned order is one passed by the CEO in exercise of power conferred upon him under Section 54 (3) of the Waqf Act, 1995 (hereinafter, 'the Act' for short). The said order was preceded by Ext.P2 notice issued under sub-section (2) of Section 54 of the Act. In Ext.P2, the petitioner was required to show cause as to why action for removal of the alleged encroachment from the property bearing T.S. No.15-2-35, situated at Nagaram Village of Kozhikode Taluk, shall not be initiated. The allegation in the notice is that, the petitioner is unauthorisedly and illegally occupying the above said land, which is a waqf property belonging to the 2nd respondent, which is registered with the 1st respondent Board. By virtue of Ext.P2 notice, the petitioner was given an opportunity to appear and to produce supporting documents, if any, in an enquiry contemplated under Section 54. In Ext.P3 written statement submitted in reply to Ext.P2 notice, the petitioner specifically contended that, he is not in possession of property compris