MERCY BABY Vs. KERALA STATE WAQF BOARD

JUDGEMENT

(1.) The petitioner, who is a tenant in occupation of two shop rooms bearing Door Nos. C. C. VI / 939 (New No. V / 2257) and C. C. VI / 940 (New No. V / 2258) situated at Bazar Road, Mattanchery, owned by M/s. Abdul Sathar Haji Moosa Sait Dharmastapanam, represented by its Managing Trustee, is before this Court in this writ petition seeking a writ of certiorari to quash Ext.P12 order dated 20/04/2017 of the Chief Executive Officer of the Kerala State Waqf Board, the first respondent herein, issued in exercise of its powers under S.54 read with S.25 of the Waqf Act, 1995. The petitioner has also sought for a writ of mandamus commanding the Waqf Board to participate in Ext.P10 suit, i.e., O. S. No. 47 of 2017 on the file of the Munsiff's Court, Kochi, since the Board has already subjected itself to the jurisdiction of the said Court, and not to evict her till the said suit reaches a final conclusion.

(2.) On 05/05/2017, this Court issued notice on admission in the writ petition and it was ordered that Ext.P12 order shall be kept in abeyance till 23/05/2017. The said interim order was extended from time to time and the same is still in force.

(3.) A counter affidavit has been filed by the second respondent opposing the reliefs sought for in the writ petition. The said counter affidavit is sworn to by Sri. Moosa Abdul Sathar Sait, who is stated to be present Muthavally of M/s. Abdul Sathar Haji Moosa Sait Dharmastapanam. The petitioner has also filed various interlocutory applications, producing therewith certain additional documents.