The non-compliance with the amended eviction notice procedure renders eviction proceedings void.

ORDER AMIT RAWAL, J .

Petitioner is residing in a house bearing No.12/387 at Panoor Municipality owned by Ansarul Islam Jama-ath on lease as per the lease agreement dated 05.05.1986. A complaint dated 18.06.2019 was filed by the Jama-ath to the Divisional Officer, Kerala State Waqf Board on 18.06.2019.

2. Rule 24 of the Wakf Properties Lease Rules , 2014 (hereinafter referred to as ‘2014 Rules’, for short) envisages as it stood prior to the amendment caused on 18.02.2020, the lessor is required to send a notice of termination and vacation of the quarters occupied by the lessee. On perusal of the complaint dated 18.06.2019 submitted by the Jama-ath to the Chief Executive Officer (CEO) to initiate action as provided under sub-section (1) of Section 54 of the Waqf Act , 1995, (hereinafter referred to as ‘the Act’, for short) it is evident that the Jama-ath alleged to have sent a registered notice dated 23.03.2019 requesting the petitioner - lessee to vacate the quarters occupied, within 15 (fifteen) days, for, the unamended rule prescribes that on receipt of the notice the status of the lessee becomes of an encroacher.

3. The Chief Executive Officer exercising the powers under Section 54 passed Annexure A3 dated 03.06.2020 ordering eviction of the petitioner. The aforementioned order was not assailed. Once the order of eviction is passed the same is executable through the tribunal. Accordingly the Chief Executive Officer invoked the jurisdiction of the tribunal vide W.O.A.No.52 of 2022 against the petitioner. Petitioner was given a chance to plead evidence and the following exhibits were placed on record.

A1 --------- : Certified copy of relevant pages from the Waqf Register A2 07.10.2021 : Certified copy of notice of enquiry in EC No.168/2019 A3 13/10/2021 : Certified copy of postal acknowledgment card A4 13/10/2021 : Certified copy of postal acknowledgment card A5 03/06/2020 : Certified copy of proceedings of the Chief Executive Officer, Kerala State Waqf Board in EC No.168/2019 (A10-6717/19)

4. The tribunal dismissed the application on the ground that the proceedings were predated. Accordingly, the jurisdiction of the Chief Executive Officer was again invoked on the basis of the old complaint of 2019 and the Chief Executive Officer vide order dated 24.12.2021 held the petitioner to be an encroacher and for execution of the order of eviction, invoked the jurisdiction of the tribunal vide W.O.A.No.10 of 2024 which has been allowed vide impugned order dated 12.08.2024.

5. Mr.M.S.Amal Dharsan, learned counsel appearing on behalf of the petitioner submitted that during the second round of proceedings before the Chief Executive Officer, there was an amendment in sub-rule (2) of Rule 24 of 2014 Rules, whereby after the expiration or termination of the lease three(3) notices, one after another with a gap of one month, were required to be issued to the lessee and in case the lessee continues to occupy the lease premises, it shall be treated as an encroachment which can be removed as per the procedure prescribed under Section 54 of the Act. On perusal of the appendix attached with the order of the tribunal it is evident that no such compliance of the aforementioned substituted provisions of sub-rule (2) of Rule 24 of the 2014 Rules had ever been noted.

6. Jama-ath has already been served, but there is no representation as noticed by us in the previous order.

7. Mr.Jamsheed Hafiz, learned Standing Counsel for the Waqf Board, submitted that the proceedings were initiated under the unamended provisions of the Rule and therefore sending notice is not required. The order is perfectly legal and justified.

8. In rebuttal, M