Court disposed of revision petitions under Wakf Board Acts settled by petitioners through withdrawal, granting four months time to vacate premises contingent on rent payment.
Time of four months granted to vacate premises provided rent is paid; petition dismissed as withdrawn.
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 AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 8TH DAY OF JULY 2024 / 17TH ASHADHA, 1946
CRP(WAKF) NO. 26 OF 2024
AGAINST THE ORDER DATED 12.02.2024 IN WOA NO.14 OF 2023 OF WAKF
TRIBUNAL, KOZHIKODE
REVISION PETITIONER(S)/RESPONDENTS 1 & 2:
1ADVOCATE M.KRISHNAN
AGED 70 YEARS
S/O. NARYANAN NAIR, RESIDING AT MAVINI HOUSE,
KOYILANDY, ARIKULAM VILLAGE, KOYILANDY TALUK,
KOZHIKODE DISTRICT, PIN – 673305
2M.UMMER
AGED 60 YEARS
S/O. MAYIN, ROOM NO.39/887,
KHADIRIYYA MASJID BUILDING JAIL ROAD, KOYILANDY (P.O),
PANTHALAYANI AMSOM AND DESOM, PANTHALAYANI VILLAGE,
KOYILANDI TALUK, KOZHIKODE, PIN - 673305
BY ADVS.
SANTHARAM.P
REKHA ARAVIND
P.G.GOKULNATH
RESPONDENT(S)/APPLICANT & 3RD RESPONDENT:
1CHIEF EXECUTIVE OFFICER, KERALA STATE WAQF BOARD
VIP ROAD, KALOOR, ERNAKULAM DISTRICT, PIN – 682017
2MUTHAVALLI RATHEEB KHANA, REPRESENTED BY PRESIDENT,
MAHLARUL KHADIRIYYA COMMITTEE,
SAYYID ALI BAFAKI THANGAL
AGED 86 YEARS
S/O. AHAMMED BAFAKI THANGAL, OFFICE AT: JAIL ROAD,
KOYILANDY (P.O), PANTHALAYANI AMSOM AND DESOM,
PANTHALAYANI VILLAGE, KOYILANDY TALUK,
KOZHIKODE, PIN - 673305
BY ADVS.
SMT.RASHMI K.M., SR.GP
CRP(WAKF) NOS. 26 & 28 OF 2024
-2-
JAMSHEED HAFIZ, SC, WAKF
MUHAMMED SHAFI .M
T.RASINI(K/000090/2017)
ADHEELA NOWRIN(K/000855/2020)
THIS CRP (WAKF ACT) HAVING BEEN FINALLY HEARD ON
08.07.2024, ALONG WITH CRP(WAKF).28/2024, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
CRP(WAKF) NOS. 26 & 28 OF 2024
-3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
MONDAY, THE 8TH DAY OF JULY 2024 / 17TH ASHADHA, 1946
CRP(WAKF) NO. 28 OF 2024
AGAINST THE ORDER DATED 12.02.2024 IN WOA NO.29 OF 2023
OF WAKF TRIBUNAL, KOZHIKODE ARISING OUT OF THE
ORDER/JUDGMENT DATED 01.12.2022 IN ECC NO.37 OF 2018 OF
WAKF BOARD, KOZHIKODE
REVISION PETITIONER(S)/APPELLANTS 1 & 2:
1ADVOCATE M.KRISHNAN
AGED 65 YEARS
S/O. NARAYANAN NAIR, MAVINI HOUSE,
KOYILANDY, ARIKULAM (P.O),
KOZHIKODE DISTRICT, PIN - 673305
2ADVOCATE M.UMMER
AGED 61 YEARS
S/O. MAYIN, PANTHALAYANI AMSOM AND DESOM,
PANTHALAYANI VILLAGE, KOYILANDI TALUK,
KOZHIKODE, PIN – 673305
BY ADVS.
SANTHARAM.P
REKHA ARAVIND
P.G.GOKULNATH
RESPONDENT(S)/RESPONDENTS:
1 KERALA STATE WAQF BOARD , REPRESENTED BY ITS CHIEF EXECUTIVE OFFICERCRP(WAKF) NOS. 26 & 28 OF 2024
-4-
VIP ROAD, KALOOR, ERNAKULAM DISTRICT,
PIN – 682017
2SAYYID ALI BAFAKI THANGAL
AGED 86 YEARS
S/O. AHAMMED BAFAKI THANGAL,MUTHAVALLI,
MAHLARATHUL KADIRYA, KOYILANDY (P.O),
PANTHALAYANI AMSOM AND DESOM,
KOYILANDY TALUK, KOZHIKODE, PIN – 673305
BY ADVS.
SHRI.JAMSHEED HAFIZ, SC, WAQF BOARD
MUHAMMED SHAFI .M
THIS CRP (WAKF ACT) HAVING BEEN FINALLY HEARD ON
08.07.2024, ALONG WITH CRP(WAKF).26/2024, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
CRP(WAKF) NOS. 26 & 28 OF 2024
-5-
ORDER
[CRP(WAKF) Nos.26/2024, 28/2024]
AMIT RAWAL, J.
CRP(WAKF) NOS. 26 & 28 OF 2024
-6-
of any default of two installments of rent, the order of eviction shall come into force.
Petitions are dismissed as withdrawn.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
EASWARAN S.
JUDGE
VV
M.KRISHNAN
M.UMMER
KERALA STATE WAQF BOARD
MUTHAVALLI RATHEEB KHANA
AMIT RAWAL
EASWARAN S.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court