IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN &

THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON TH THURSDAY, THE 20 DAY OF JUNE 2024 / 30TH JYAISHTA, 1946 CRP(WAKF) NO. 9 OF 2023 AGAINST THE ORDER DATED 16.12.2022 IN WOA NO.46 OF 2021 OF WAKF TRIBUNAL, KOZHIKODE -----------

REVISION PETITIONER:

T.K. SAJID, AGED 46 YEARS, S/O AHAMMED, CHAMPS, STATION ROAD, KANNUR- REP. BY HIS POWER OF ATTORNEY HOLDER, AHAMMED PARAKKAL, S/O AYAMMED, AGED 76 YEARS, ASHYANA PURAVOOR, P.O. KOODALI, KOODALI AMOM DESOM, THALASERRY TALUK, KANNUR, PIN 670592.

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BY ADV K.RAJESH SUKUMARAN RESPONDENTS:

1 CAMP BAZAR PALLI SABHA, KANNUR-670001, REP. BY ITS PRESIDENT, M.A.ABDUL NIZAR, AGED 66 YEARS.

2 CAMP BAZAR PALLI SABHA, KANNUR-670001, REP. BY ITS SECRETARY, P. ABDUL JABBAR, AGED 52 YEARS, PIN 670001.

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3 THE KERALA STATE WAQF BOARD, REP.

BY ITS CHIEF EXECUTIVE OFFICER, KALOOR, COCHIN, PIN 682017.

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BY ADV.C.H.ABDUL RASAC(caveator)

SRI. JAMSHEED HAFIZ, SC, WAQF BOARD THIS CRP (WAKF ACT) HAVING COME UP FOR ADMISSION ON

20.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

“CR”

ORDER

Harisankar V. Menon, J This Civil Revision Petition is filed under Section 83(9) of the Waqf Act, 1995 read with Section 115 of the Code of Civil Procedure (for short, the ‘Code’), by the applicant in WOA No.46 of 2021 on the files of the Waqf Tribunal, Kozhikode, instituted by the petitioner challenging the proceedings of the 3^rd respondent Board in E.C.No.156 of 2020(A10-2973/2020) dated 24.3.2021.

2. The short facts necessary for the disposal of this Civil Revision Petition are as follows:

The petitioner herein was a tenant with respect to the building bearing door No.CC 866 of Kannur Corporation, owned by the 1^st respondent Waqf. Rent was paid by the petitioner till August 2014, and thereafter, he was occupying the building without payment of rent. A lawyer notice was sent by the 1^st respondent Waqf on 10.03.2014, terminating the tenancy and calling upon the petitioner to vacate the building with arrears of rent. This notice was served on the petitioner on 14.03.2014. However, the petitioner did not vacate the premises. In such circumstances, the 1^st respondent Waqf approached the 3^rd respondent Board under Section 54 of the Waqf Act, 1995 (for short, the ‘Act’). The 3^rd respondent Board, after issuing a notice, giving the petitioner an opportunity to be heard, and taking into account the response submitted by the petitioner, issued the order dated 24.03.2021 in E.C.No.156 of 2020, finding that the petitioner is an “encroacher” under Section 3(ee) of the Act and that an application needs to be filed before the Tribunal under Section 54(3) of the Act.

3. Against the above order of the Board, the petitioner herein filed WOA No.46 of 2021 before the Tribunal under Section 83 of the Act. The petitioner contended that the Board did not conduct a proper inquiry as to whether the subject property is a Waqf property without which the steps under Section 54 of the Act, cannot be taken, that the contention of the Waqf that the shop room requires reconstruction is not correct and that the mandate under Rule 24(2) of the Waqf Properties Lease Rules, 2014 (for short, the Rules), is not followed etc.

4. The learned Tribunal by its order dated 16.12.2012 found that the property is a Waqf property, the petitioner is an encroacher under the Act and that Rule 24(2) of the Rules does not apply to the facts of the case. Finding thus, the Tribunal upheld the impugned order issued by the 3^rd respondent Board.

5. The petitioner is challenging the above order of the Tribunal and the order issued by the 3^rd respondent Board, in this Civil Revision Petition.

6. On 07.03.2023, this court admitted this Civil Revision Petition, staying the operation of the impugned order on condition that the petitioner remits the arrears of rent within two weeks. The petitioner has remitted the admitted arrears of rent and the interim order is extended by three months by an order date