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2022 Supreme(Online)(KER) 62881
HIGH COURT OF KERALA
V. G. Arun, J
SHAJI P.H. – Appellant
Versus
WAQF BOARD – Respondent
WP(C)/22940/2022
MILLU DANDAPANI, SIRAJ ABDUL SALAM, RIYAL DEVASSY, GOVERNMENT PLEADER, JAMSHEE HAFIZ, SC FOR WAQF BOARD, LIJI.J.VADAKEDOM, TOM E. JACOB
Petitioners' right to contest eviction must be pursued in the appropriate judicial forum, in this case, the Waqf Tribunal.
Headnote:
Eviction - Tenancy - Waqf Act Section List - The court examined tenants' rights under applicable laws and the procedural requirements for eviction, culminating in the decision to close the writ petition while allowing the petitioners to pursue their claims in the Waqf Tribunal.
Fact of the Case:
Petitioners, tenants under the 3rd respondent, were summarily evicted from tenanted premises. They filed a petition seeking a declaration against this eviction and requested a mandamus for inspection and permission to continue possession according to the agreement.
Issues: The main issue was whether the eviction was lawful and if the petitioners had the right to contest it within the purview of the Waqf Act and related tenancy laws.
Ratio Decidendi: The court held that since the petitioners pursued their rights before the Waqf Tribunal, the writ petition was redundant and it was prudent to allow them to proceed in the appropriate forum.
Final Decision: Writ petition closed, allowing petitioners to continue their suit before the Waqf Tribunal.
JUDGMENT
Dated this the 29th day of September, 2022 The petitioners were tenants under the 3rd respondent/Jama-ath. According to the petitioners, they were summarily evicted from the tenanted premises on 01.07.2022 by members of the 3rd respondent. This writ petition is hence filed, seeking a declaration that the petitioners are not liable to be evicted from the waqf property without complying with the due process of law and for a writ of mandamus directing the 2nd respondent to inspect the building and verify the veracity of allegations raised by the 3rd respondent. The other relief is for a writ of mandamus directing the 3rd respondent to permit the petitioners to continue possession of the shop rooms allotted as per Ext.P5 agreement.
2. It is now informed that the petitioners have filed O.S.No.91/2022 before the Waqf Tribunal along with I.A.No.750/2022 for interim mandatory injunction.
3. The petitioners having approached the Waqf Tribunal, there is no reason to continue this writ petition on the files of this Court.
4. The writ petition is accordingly closed, reserving the petitioners’ liberty to pursue their suit filed before the Waqf Tribunal and leaving it open to raise all contentions in the pending suit.
Learned Counsel for the petitioners requests that the Waqf Tribunal may be directed to expedite consideration of the injunction application. Insofar as the Waqf Tribunal is not a party to this writ petition, such a direction cannot be issued. The petitioners to make that request to the Waqf Tribunal, and there is no reason to assume that the Tribunal will delay consideration of the injunction application.
Sd/-
V.G.ARUN JUDGE NB/29-9 APPENDIX OF WP(C) 22940/2022 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE PARTNERSHIP DEED BETWEEN THE PETITIONERS DATED 19.07.2005.
EXHIBIT P2 A TRUE COPY OF THE CASH RECEIPT ISSUED BY THE
3RD RESPONDENT FOR A TUNE OF RS. 500,000/- TO THE PETITIONER'S DATED 16.04.2003.
EXHIBIT P3 A TRUE COPY OF THE CASH RECEIPT ISSUED BY THE
3RD RESPONDENT FOR A TUNE OF RS. 200,000/- TO THE PETITIONERS DATED 25.08.2003.
EXHIBIT P4 A TRUE COPY OF THE CASH RECEIPT ISSUED BY THE
3RD RESPONDENT FOR A TUNE OF RS. 134,000/- TO THE PETITIONERS DATED 12.01.2004.
EXHIBIT P5 A TRUE COPY OF THE LICENSE AGREEMENT DATED
26.07.2005 ENTERED INTO BETWEEN THE PETITIONERS AND THE 3RD RESPONDENT.
EXHIBIT P6 A TRUE COPY OF THE MUNICIPALITY LICENSE ISSUED TO THE PETITIONER'S DATED 11.08.2005.
EXHIBIT P7 A TRUE COPY OF THE LICENSE ISSUED BY THE CHANGANACHERRY MUNICIPALITY FOR THE YEAR 2022-
23 DATED 05.05.2022.
EXHIBIT P8 A TRUE COPY OF THE RENT PAYMENT RECEIPT ISSUED BY THE 3RD RESPONDENT DATED 28.06.2022 FOR RS.
38,388/
EXHIBIT P9 A TRUE COPY OF THE DOCUMENT OF REGISTRATION UNDER KERALA SHOPS AND COMMERCIAL ENTERPRISES ACT 1960 FOR THE 2022.
RESPONDENT EXHIBITS EXHIBIT R3(A) TRUE COPY OF THE AGREEMENT DATED 01/01/2012 EXECUTED IN BETWEEN THE PETITIONERS AND THE TREASURER OF THE 3RD RESPONDENT - PUTHORAPALI MUSLIM JAMA-ATH EXHIBIT R3(B) TRUE COPY OF THE AGREEMENT DATED 08/01/2010 HANDED OVER BY SRI. ESSA P.S. TO THE 3RD RESPONDENT JAMA-ATH EXHIBIT R3(C) TRUE COPY OF THE NOTICE DATED 27/06/2022 ISSUED BY THE 3RD RESPONDENT EXHIBIT R3(D) TRUE COPY OF THE SURRENDER STATEMENT DATED
01/07/2022 SUBMITTED BY ESSA P.S.
EXHIBIT R3(E) TRUE COPY OF THE QUOTATION NOTICE DATED
03/07/2022 ISSUED BY THE 3RD RESPONDENT EXHIBIT R3(F) TRUE COPY OF THE NOTICE DATED 11/07/2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONERS TRUE COPY P.A. TO JUDGE
