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2024 Supreme(Online)(KER) 42213
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 7TH DAY OF OCTOBER 2024 / 15TH ASWINA, 1946 CRP(WAKF) NO. 40 OF 2022 AGAINST THE JUDGMENT DATED 17.06.2022 IN WOS NO.229 OF
2019 OF WAKF TRIBUNAL, KOZHIKODE REVISION PETITIONER/PLAINTIFF :
PUTHIYA PONMANICHANTAKATH UMMAYABI MUTAWALLI, PUTHIYA PONMANICHANTAKATH TARVAD WAQF, D/O P.I ALIKOYA HAJI, 11/372, GREEN CABIN, CONVENT ROAD, KOZHIKODE-32, NAGARAM AMSOM DESOM KOZHIKODE TALUK, PIN - 673032 BY ADVS.
P.K.IBRAHIM SREEJI K.B.
RESPONDENTS/DEFENDANTS 2 TO 10 :
1 CHIEF EXECUTIVE OFFICER KERALA STATE WAQF BOARD, V.I.P. ROAD, KALOOR, ERNAKULAM, PIN: 682017., PIN - 682017
2 MUHAMMED SUHAIB AMMAN COIR COMPLEX, 9/395, GANNI STREET, KOZHIKODE-673 001., PIN - 673001
3 KERALA WAQF BOARD REPRESENTED BY CHIEF EXECUTIVE OFFICER V.I.P ROAD, KALOOR, ERNAKULAM, PIN: 682017.
ABDUL KHALID P.P.
AMMAN COIR COMPLEX, 9/935, GANNI STREET, KOZHIKODE-673 001.
5 SIRAJUDHEEN P.P.
SIRAJ & CO. 9/158, GANNI STREET, KOZHIKODE-673 001. 6 SUBAIDHA P.P, FLAT NO. CRRA16, SUBAIDHA APARTMENT, CHERUMANNASSERY ROAD, KALLAI, CALICUT-673003.
7 U. NAJUMUDHEEN
1-5/26(1), SANJEERAMALAI ROAD, SINGAMPUNARI, TIRUPATHUR (C), TAMIL NADU 630502.
8 JASEENA
1/1156 MGR COLONY, ARIVALI NAGAR NARANAPURAM P.O, PALLADAM TALUK, TIRUPUR-641664., PIN - 641664
9 SEENATH
1/1156 MGR COLONY, ARIVALI NAGAR, NARANAPURAM P.O., PALLADAM TALUK, TIRUPUR- 641 664., PIN - 641664 BY ADVS.
SRI JAMSHEED HAFIZ SC WAQF MUDASSER AHMED MUNEER AHMED(K/717/2003.)
JAYKAR.K.S.(K/738/2003)
THIS CRP (WAKF ACT) HAVING BEEN FINALLY HEARD ON
07.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
AMIT RAWAL &EASWARAN S., JJ.
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CRP(WAKF) No.40 of 2022 -----------------------------------
Dated this the 7th day of October, 2024
JUDGMENT
EASWARAN S. , J The plaintiff in W.O.S. No.229 of 2019 before the Waqf Tribunal, Kozhikode is the revision petitioner. The suit was filed for eviction of tenants with rent arrears and damages for unauthorized use and occupation. The Waqf Tribunal refused to consider the case on merits only on the ground that without conducting an enquiry by the Chief Executive Officer as contemplated under Section 54(1) of the Waqf Act, 1995, a suit cannot be maintained.
2. The entitlement of a Muthawalli to maintain a suit for eviction and arrears of rent came up for consideration before the Division Bench of this Court Nambidi Prakasan v. Daruthaqva Islamic Cultural Centre represented by its Secretary and Others [ 2022 (4) KHC 307]. In para 52 of the judgment of the Full Bench, it was held that merely because the power under Section 54 is granted to the Chief Executive Officer to file an application before the Waqf Tribunal for causing the eviction of the unauthorised occupants in the Waqf property, that by itself does not mean that a Muthawalli cannot maintain a separate suit under Section 83(1) of the Waqf Act.
3. In the light of the categoric finding rendered by the Full Bench of this Court in Nambidi Prakasan (Supra), we are of the view that the revision petitioner is entitled to succeed. The judgment dated 17.06.2022 of the Waqf Tribunal Kozhikode in W.O.S No.229 of 2019 is hereby set aside. The matter is remanded back to the Waqf Tribunal for consideration in accordance with law. The tribunal shall issue notice to the parties and permit them to adduce evidence in accordance with law as expeditiously as possible. In order to enable the tribunal to do the needful as directed above, the revision petitioner is directed to appear before the Waqf Tribunal on
4.11.2024.
AMIT RAWAL, JUDGE
