Allowed

Puthiya Ponmanichintakath Ummayabi v. the Chief Executive Officer

Kerala HC20 Oct 2022WP(C)/33258/2022

Case brief

AI extract

What is this about?

The High Court directed the Chief Executive Officer of the Kerala State Waqf Board to dispose of pending complaint E.C. No. 81/2017 concerning eviction of an unlawful occupant within two months to prevent prejudice to the Wakf property.

What did the court decide?

Directed the first respondent to dispose of E.C. No. 81/2017 within two months from the date of receipt of a certified copy of this judgment.

Puthiya Ponmanichintakath Ummayabi Vs the Chief… — Writ and Judicial Review | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE S.V.BHATTI

¶4

¶5

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶6

THURSDAY, THE 20^TH DAY OF OCTOBER 2022 / 28TH ASWINA, 1944 WP(C) NO. 33258 OF 2022

¶7

PETITIONER/S:

¶8

PUTHIYA PONMANICHINTAKATH UMMAYABI AGED 85 YEARS,D/O KHAN SAHEB K. KUNJAHAMMED KOYA, MUTAWALLI, PUTHIYA PONMANICHINTAKATH TARAWAD WAQF, NAGARAM AMSHAM DESHAM KOZHIKODE TALUK, KOZHIKODE DISTRICT. PIN - 673032

¶9

BY ADVS. P.K.IBRAHIM SREEJI K.B.

¶10

RESPONDENT/S:

¶11

1 THE CHIEF EXECUTIVE OFFICER THE KERALA STATE WAQF BOARD VIP ROAD, KALOOR,KOCHI, PIN - 682017

¶12

2 V.T. ABDUL RAZAK S/O KUNJI MOIDEEN HAJI, 3/734,735, POPULAR COOLBAR. OPPO.ENGLISH CHURCH, NADAKKAVU P.O, KOZHIKODE TALUK, PIN - 673011

¶13

BY ADV Jamsheed Hafiz

¶14

OTHER PRESENT:

¶15

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

WPC 33258/22

¶17

-2-

¶18

S.V.BHATTI & BASANT BALAJI, JJ.

¶19

- - - - -- - - -- - - - - - - - - - -- - - - - - - - - W.P.(C) No.33258 of 2022

¶20

¶21

JUDGMENT

¶22

(Dated this the 20^th day of October 2022)

¶23

Basant Balaji J.,

¶24

The petitioner is the muthawalli of Puthiya

¶25

Ponmanichintakam Tharwaad wakf reistered under registration No.6788/RA with Kerala State Waqf Board. He filed E.C.No.81/2017 before the first respondent under

¶26

Section 54 of the Waqf Act for evicting the 2^nd respondent

¶27

from the shop room bearing corporation Nos.3/734 and 3/735 of Kozhikode corporation. The lease agreement between the petitioner and 2^nd respondent dated 16.1.1993

¶28

is produced as Ext.P1. The lease period expired on 15.1.1994.

¶29

WPC 33258/22

¶30

-3-

¶31

The counsel for the petitioner submits that the 2^nd

¶32

respondent is an encroacher occupying the premises without paying any rental arrangement. Hence a legal notice was issued on 17.9.2016 to him to vacate the premises and even after receipt of notice, he did not vacate the premises. Hence the petitioner was constrained to approach the first respondent with the complaint E.C. No.81/2017. The grievance highlighted in this Writ Petition is that the first respondent has not disposed of Ext.P3 and the same is pending for the last 5 years. The delay is causing serious prejudice to the Wakf and hence, a direction be issued to first respondent to take up E.C. No.81/2017 and dispose of the same within a time limit.

¶33

It is seen that Ext.P3 is numbered as E.C.

¶34

No.81/2017 and the proceeding sheet shows that from

¶35

WPC 33258/22

¶36

7.2.2022 onwards the case is adjourned 5 times and the last

¶37

posting was on 2.8.2022. On gong through the proceeding

¶38

sheet we note that there has been delay in disposing of Ext.P3 petition.

¶39

Hence we deem it appropriate to direct the first respondent to take up E.C. No.81/2017 pending before it and dispose of the same as early as possible and at any rate, within a period of two months from the date of receipt of a certified copy of this judgment.

¶40

The Writ Petition is disposed of as above.

¶41

¶42

S.V.BHATTI, JUDGE

¶43

sd BASANT BALAJI, JUDGE

¶44

dl/downloads

¶45

WPC 33258/22

¶46

APPENDIX OF WP(C) 33258/2022

¶47

PETITIONER EXHIBITS

¶48

Exhibit-P1 TRUE COPY OF THE LEASE AGREEMENT DATED 16.10.1993 IS PRODUCED HEREWITH AND MARK FOR REFERENCE AS EXHIBIT.P1. Exhibit2 TRUE COPY OF THE NOTICE DATED 17.09.2016 SERVED TO THE 2ND RESPONDENT Exhibit-P3 TRUE COPY OF THE COMPLAINT DATED 14.12.2016 SUBMITTED ON 15.12.2016 BEFORE THE 1ST RESPONDENT CHIEF EXECUTIVE OFFICER Exhibit-P4 TRUE COPY OF THE PROCEEDINGS SHEET IN EC NO.81/2017 OBTAINED UNDER RTI ACT,2005 FROM THE OFFICE OF 1ST RESPONDENT

Puthiya Ponmanichintakath Ummayabi v. the Chief Executive Officer

Case brief

What is this about?

What did the court decide?

Puthiya Ponmanichintakath Ummayabi v. the Chief Executive Officer

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

Coram

Case details

Similar cases

The Puthenchira Service Co-Operative Bank Ltd. No. 2264, Vs the Income Tax Officer

The Aloor Service Co. Operative Bank LTD.693, Vs the Income Tax Officer

State of Kerala Vs Sri. James G.Oommen

State of Kerala Vs M/S.Josco Gold Corporation(P) Ltd.

M/S.Blastline India Vs the State of Kerala

Abdul Kareem Vs Kerala State Waqf Board