Petitioners, highest bidders in an auction for shop occupancy rights, seek enforcement. The court directs authorities to evict lessees under Section 52A and hand over possession within one month.
Directing authorities to hand over vacant possession to petitioners under Section 52A of the Wakf Act within one month.
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. 28057 of 2016 (F)
PETITIONERS :
BY ADV. SRI.P.A.ABDUL JABBAR
RESPONDENTS :
R4 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. 28057 of 2016 (F)
APPENDIX
PETITIONERS' EXHIBITS :
-------------------EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT. EXHIBIT P2 TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT. EXHIBIT P3 TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN W.P.(C)No.24622/2016.
EXHIBIT P5 TRUE COPY OF THE LIST CONTAINING THE NAME AND OTHER DETAILS OF THE PERSONS IN WHOSE FAVOUR OF THE AUCTION WAS CONFIRMED. EXHIBIT P6 TRUE COPY OF THE COMPARATIVE LIST SHOWING THE EXISTING RENT AND THE NEW RENT OFFERED IN THE AUCTION. RESPONDENTS' EXHIBITS :- NIL. ----------------------
True copy
P.A to Judge
V.CHITAMBARESH & ANIL K.NARENDRAN, JJ.
W.P.(C)No.28057 of 2016
-------------------------------------------------------Dated this the 22nd day of November, 2016
JUDGMENT
Chitambaresh, J.
The petitioners are evidently the highest bidders in the auction of the right to occupy the shop rooms. The earlier lessees have admittedly to surrender possession in the light of
Raphimon Vs. Kerala State Wakf Board (2016 (4) KLT
509) .
over vacant possession to the successful bidder by resorting Section 52A of the Wakf Act, 1995 treating the earlier lessees as encroachers if they cling on to the possession.
The needful shall be done within a period of one month
from the date of receipt of a copy of this judgment.
The Writ Petition is disposed of.
Sd/-
V.CHITAMBARESH, JUDGE
Sd/- ANIL K.NARENDRAN, JUDGE
skj
True copy
P.A to Judge
1 issue framed by the court
Whether authorities should hand over vacant possession to the successful bidder treating earlier lessees as encroachers.
Colour shows how this judgement treated each authority
Raphimon Vs. Kerala State Wakf BoardReferred¶31
Raphimon Vs. Kerala State Wakf Board (2016 (4) KLT 509)
1 provisions across 1 enactments
Abdul Rasheed
P.K. Liyakath
The 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
