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2026 Supreme(Online)(Ker) 5207

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ
NAMBIDI PRAKASAN – Appellant
Versus
DARUTHAQVA ISLAMIC CULTURAL CENTRE – Respondent


Advocates:
For the Appellants/Petitioners: SRI.R.BINDU (SASTHAMANGALAM), SRI.PRASANTH M.P
For the Respondents: SRI.K.M.FIROZ, SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD, SRI.S.KANNAN, SMT.M.SHAJNA, SHRI.JAMSHEED HAFIZ, SC, WAQF BOARD

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 of this OA who is the petitioner before the Chief Executive Officer had produced copy of the tenancy termination notice issued to the respondent therein u/s.106 of ' Transfer of Properties Act . It is clearly mentioned in that order that as far as buildings owned by Wakfs are concerned, the law applicable is Wakf Act 1995 and those bu

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