RAPHIMON Vs. KERALA STATE WAKF BOARD

JUDGEMENT

(1.) The tendency to cling on to the tenanted premises even after the expiry of the period of the lease of the immovable wakf property is indisputably on the increase. The petitioners in W.P.(C) No. 21218/2015 are the present lessees (holding over) of a commercial building and the period of the lease in their favour by the Jama-ath has admittedly expired in the year 2015. The commercial building which is an immovable wakf property comprises of three floors and the same houses a furniture shop, a restaurant and a ladies hostel in the independent floors thereof. They challenge the notification dated 05.10.2016 issued by the Kerala State Wakf Board inviting tenders to occupy the tenanted premises for the ensuing period on certain terms and conditions. It is their case that a fresh bid cannot be conducted since they are entitled to preference in the renewal of the lease particularly when they have invested heavily in the business. They have an alternative contention in that the value of the improvements effected by them have to be paid in the event of their eviction and that an abrupt dispossession would throw their business out of gear. The petitioner in W.P.(C) No. 33166/2016 challenges the condition in the notification requiring an Earnest Money Deposit of Rs. 5 lakhs as a pre-requisite for participating in the bid. He points out that the deposit made on or before 24.10.2016 as per the notification would lie locked for a month unnecessarily since the bids are scheduled to be opened only on 23.11.2016. Thus steps initiated to lease the immovable wakf property by the issue of notification and the conditions thereof are impugned in these Writ Petitions on separate grounds dealt with hereunder.

(2.) We heard Mr. K. Ramakumar, Senior Advocate and Mr. A.B. Jaleel, Advocate on behalf of the petitioners, Mr. K. Shibili Naha, Standing Counsel on behalf of the Kerala State Wakf Board and Mr. Shinu J. Pillai, Advocate on behalf of the Jama-ath to whom the property is dedicated.

(3.) The renewal of lease of immovable wakf property belonging to a Jama-ath is governed by Rule 18 of the Wakf Properties Lease Rules, 2014 ('the Rules' for short) which is extracted hereunder: