Edolil Juma Masjid & Madrasathul Badriya Committee v. Kerala State Wakf Board

Kerala HC25 Oct 2016WP(C)/32505/2016

Case brief

AI extract

What is this about?

The Court disposed of this writ petition empowering the Kerala State Wakf Board to assume vacant possession of auctioned shop rooms and hand them over to successful bidders, potentially with police protection, and directed initiation of criminal prosecution under the Waqf Act against resisting occupants.

What did the court decide?

Empowered the First Respondent to assume vacant possession of the rooms and hand them over to auction purchasers with police protection if necessary; directed launch of criminal prosecution under the

Edolil Juma Masjid & Madrasathul Badriya Committee Vs… — Property and Title | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE V.CHITAMBARESH & THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

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TUESDAY, THE 25TH DAY OF OCTOBER 2016/3RD KARTHIKA, 1938

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WP(C).No. 32505 of 2016 (K)

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PETITIONER:

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EDOLIL JUMA MASJID & MADRASATHUL BADRIYA COMMITTEE REGD.NO. 444-445, PARIMADAM, P.O.KURICHIYIL, THALASSERY, KANNUR DISTRICT PIN-670102, REPRESENTED BY ITS PRESIDENT RAMEES SAQAFI, AGED 38 YEARS, S/O. ISMAYIL P.P., POOMALAYAM, P.O.KURICHIYIL, THALASSERY, KANNUR DISTRICT, PIN-670102.

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BY ADVS.SRI.P.S.ABDUL KAREEM SRI.R.ABDUL AHAD

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RESPONDENTS:

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KERALA STATE WAKF BOARD, VIP ROAD, ERNAKULAM, KOCHI-682017, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

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KUNNUMMAL ASHARAF, S/O. KUNHAMMAD, AGED 51 YEARS, "MAHIMA", P.O.KURICHIYIL, THALASSERY, KANNUR DISTRICT, PIN-670102.

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MEHAROOF K., AGED 53 YEARS, S/O. MOIDU, 'SAMEERA MANZIL', P.O.KURICHIYIL, THALASSERY, KANNUR DISTRICT, PIN-670102.

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MEETHALAKATH MUHAMMED SHERLID, S/O. KUNHI MOOSA, UPASANA, P.O.KURICHIYIL, THALASSERY, KANNUR DISTRICT, PIN-670102.

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C.K.KUNHI MOOSA, UPASANA, P.O.KURICHIYIL, THALASSERY, KANNUR DISTRICT, PIN-670102.

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R2 BY ADV. SRI.C.M.MOHAMMED IQUABAL R2 BY ADV. SRI.ANILKUMAR V. (VAZHARAMBIL) BY SRI.K.SHIBILI NAHA, SC, KERALA STATE WAKF BOARD

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 32505 of 2016 (K)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE ORDER NO. A14-1128/2016 DATED 13-05-2016.

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EXHIBIT P2 TRUE COPY OF THE ORDER NO. A14-1129/2016 DATED 13-05-2016.

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EXHIBIT P3 TRUE COPY OF THE ORDER NO. A14-1130/2016 DATED 13-05-2016.

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EXHIBIT P4 TRUE COPY OF THE INVITATION LETTER SENT BY THE PETITIONER TO RESPONDENT NO.4.

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EXHIBIT P5 TRUE COPY OF THE DETAILS OF THE AUCTION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 15-07-2016.

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EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN WPC NO. 25094 OF 2016 BEFORE THIS HONOURABLE COURT DATED 03-08-2016.

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EXHIBIT P7 TRUE COPY OF THE NOTICE DATED 21-06-2016 ALONG WITH THE COPY OF THE POSTAL COVER.

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EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED 09--07-2016.

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EXHIBIT P9 TRUE COPY OF THE APPLICATION DATED 11-07-2016 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

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RESPONDENT(S)' EXHIBITS : NIL

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/TRUE COPY/

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P.A. TO JUDGE.

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V. CHITAMBARESH & ANIL K. NARENDRAN, JJ.

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WP(C) NO. 32505 OF 2016

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Dated this the 25^th day of October, 2016

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JUDGMENT

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Chitambaresh, J.

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The Standing Counsel for the first respondent points out that auction of the shop rooms in question was conducted as early as on 19.06.2016 in accordance with Rule 4 of the Waqf Properties Lease Rules, 2014. It is also pointed out that respondents 2 to 5 have not participated in the bid to match the highest bid in order to avail preference under Rule 18 of the Rules.

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Respondents 2 and 3 were the petitioners in WP(C) No. 25094/2016 and 25232/2016 disposed of by Ext.P6 judgment. Respondents 2 and 3 wanted only time till 31.08.2016 to hand over vacant possession of the shop rooms to the successful auction purchaser.

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The Writ Petition is disposed of empowering the first respondent to assume vacant possession of the rooms in question and hand over the same to the auction purchasers. The same

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WP(C) No. 32505/2016

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shall be done with Police protection (if necessary) in addition to the launch of criminal prosecution under Section 52(a) of the Waqf Act. Needful in this regard shall be done within a period of one month from the date of receipt of a copy of this judgment.

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The Writ Petition is disposed of.

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V. CHITAMBARESH JUDGE

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ANIL K. NARENDRAN JUDGE

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ncd

Edolil Juma Masjid & Madrasathul Badriya Committee v. Kerala State Wakf Board

Case brief

What is this about?

What did the court decide?

Edolil Juma Masjid & Madrasathul Badriya Committee v. Kerala State Wakf Board

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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