The High Court of Kerala dismissed the writ petition filed by a tenant who admitted not participating in the eviction auction, holding he had no right to cling to the tenanted premises, and relied on Rafhimohan vs Kerala State Wakf Board.
Petition dismissed; no right to retain premises granted to petitioner who did not participate in auction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH & THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
TUESDAY, THE 22ND DAY OF NOVEMBER 2016/1ST AGRAHAYANA, 1938
WP(C).No. 27063 of 2016 (G)
PETITIONERS:
ABDULLAH,
AGED 56 YEARS,
S/O.MUHAMMED SHEMEER,
PAZHANKARAYIL HOUSE, PONNANI THALUK,
PERUMPADAMPPU P.O., MALAPPURAM DISTRICT,
PIN: 679 580.
BY ADVS.SRI.A.JANI SRI.P.PRIJITH
RESPONDENTS :
WP(C).No. 27063 of 2016 (G)
R1-R3 BY ADV. SRI.K.M.JAMALUDHEEN BY SRI.K.SHIBILI NAHA, SC, KERALA STATE WAKF BOARD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 27063 of 2016 (G)
APPENDIX
PETITIONER'S EXHIBITS:-
-------------------EXHIBIT P1 TRUE COPY OF BYE-LAW OF FIRST RESPONDENT. EXHIBIT P2 TRUE COPY OF RENT AGREEMENT DATED 30/10/11 EXECUTED BETWEEN PETITIONER AND 1ST RESPONDENT. EXHIBIT P3 TRUE COPY OF RENT RECEIPTS ISSUED BY THE FIRST RESPONDENT FOR THE PERIOD APRIL, MAY AND JUNE 2016. EXHIBIT P4 TRUE COPY OF NOTICE NO.E4-3984/15-07 DATED 05/10/2015 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P5 TRUE COPY OF WRITTEN REPLY SUBMITTED BY THE PETITIONER ON 19/11/2015. EXHIBIT P6 TRUE COPY OF ORDER DATED 02/06/2016 PASSED BY THE 5TH RESPONDENT. EXHIBIT P7 TRUE COPY OF NOTICE DATED 13/06/2016 ISSUED BY THE 1ST RESPONDENT.
RESPONDENTS' EXHIBITS :- NIL.
True copy
P.A to Judge
V.CHITAMBARESH & ANIL K.NARENDRAN, JJ.
W.P.(C)No.27063 of 2016
-------------------------------------------------------Dated this the 22nd day of November, 2016
JUDGMENT
Chitambaresh, J.
The issue is covered by Raphimon Vs. Kerala State Wakf Board (2016 (4) KLT 509) . The petitioners have admittedly not participated in the auction. They have therefore no right to cling on to the tenanted premises.
The Writ Petition is dismissed.
Sd/-
V.CHITAMBARESH, JUDGE
Sd/- ANIL K.NARENDRAN, JUDGE
skj
True copy
P.A to Judge
2 issues framed by the court
Whether petitioners holding no right to tenanted premises after discouraging participation in auction can succeed in writ petition.
Validity of dispossession order against petitioners who did not participate in the auction.
Colour shows how this judgement treated each authority
Raphimon Vs. Kerala State Wakf BoardFollowed¶35
Raphimon Vs. Kerala State Wakf Board (2016 (4) KLT 509)
Abdullah
Puthanpalli Jaram and Madrasa and Hospital Paripalana Committee
Puthanpalli Jaram and Madrasa
Executive Officer, Puthan Palli Jaram and Madrasa Committee
Divisional Officer, Kerala State Wakf Board
Kerala State Wakf Board
V. Chitambaresh
Anil K. Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
