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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ
NAMBIDI PRAKASAN – Appellant
Versus
DARUTHAQVA ISLAMIC CULTURAL CENTRE – Respondent
| Table of Content |
|---|
| 1. civil revision petition filed under the waqf act challenges removal order. (Para 1 , 2) |
| 2. arguments presented concerning jurisdiction for eviction matters. (Para 3) |
| 3. court's observations on statutory provisions and relevant definitions. (Para 4) |
| 4. final decision to dismiss the petition as not pressed. (Para 6 , 7 , 8) |
Anil K. Narendran, J.
This civil revision petition filed under Section 83 (9) of the Waqf Act , 1995, arises out of the order dated 24.10.2014 of the Wakf Tribunal, Kozhikode, in O.A.No.20 of 2013, which was one filed invoking the provisions under (2) of the said Act challenging proceedings No.E4-2128/12-1 dated 27.08.2013 of the Chief Executive Officer, Kerala State Wakf Board. Paragraphs
13 and 14 and also the last paragraph of that order read thus;
“13. It can be seen that Sec.54 of the Wakf Act 1995 give ample powers of the chief executive officer to remove encroachment with respect to a wakf property and the term encroachment includes the continuance in occupation by any person of the Wakf property after the authority whether by way of grant or had been determined for any reason whatsoever. In this case the records reveal that respondent No.1
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