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Documents citing P.E.Sarjith vs Misbahul Huda Educational Trust on 31 December, 2014

Nambidi Prakasan vs Daruthaqva Islamic Cultural Centre on 28 January, 2026

Apart from that, the rule-making power is contained in Section 109 of the Wakf Act. Section 109(xiii) empowers the State Government to make Rules regarding the manner of service of notice issued under sub-section (1) of Section 54 and the manner in which any enquiry is to be made under subsection (3) of that Section. There is nothing in the rule-making power which empowers the State to introduce definitions which are not contained in the principal enactment and thus confer jurisdiction on the Tribunal, which was not intended in the principal Act. With all due respect at our command, we are unable to subscribe to the views expressed by the Division Bench in the judgment in Sarjith (supra). In the light of the binding decisions of the Hon'ble Supreme Court, we are of the opinion that the above said judgment of the Division Bench does not lay down the correct law. Since the above judgment was rendered by a co-equal Bench, we deem it appropriate to refer the matter to a Larger Bench for consideration of the issue. The Registry shall place the CRP(WAKF)No.718 of 2014 9 2026:KER:6742 matter before the Hon'ble the Chief Justice for appropriate orders."
Kerala High Court Cites 11 - Cited by 0 - A Narendran - Full Document

Hindustan Petroleum Corporation Ltd vs Kerala State Wakf Board on 13 August, 2021

In P.E. Sarjith v. Misbahul Huda Educational Trust [2015 SCC OnLine Ker 8463 - order dated 04.03.2015 in C.R.P. C.R.P.No.412 of 2012 10 (Wakf)No.92 of 2015] a Division Bench of this Court, in which one among us (Anil K. Narendran, J.) was a party, held that clause (ha) to sub-rule (1) of Rule 2 of the Kerala Wakf Rules, 1996 defines the term "encroachment" in relation to any waqf premises to mean occupation by any person of the wakf premises without authority for such occupation. It also includes the continuance in occupation by any person of the wakf premises after the authority for such occupation has been determined for any reason whatsoever. The Division Bench noticed that, even before the Wakf Act, 1995 was amended by the Amendment Act of 2013, the State Government had amended the Kerala Wakf Rules by inserting clause (ha) to sub-rule (1) of Rule 2.
Kerala High Court Cites 37 - Cited by 0 - Full Document

Mercy Baby vs Kerala State Waqf Board on 31 October, 2015

In P.E. Sarjith's case (supra), on the question as to whether the Chief Executive Officer of the Waqf Board could have called upon the encroacher to surrender possession of the waqf property, this Court held that, under Section 54 of the Waqf Act, W.P.C.No.15451/17 -11- 1995 as amended by the Wakf (Amendment) Act, 2013, the Chief Executive Officer of the Waqf Board cannot by himself order eviction. He can only issue notice to the encroacher and after considering the objections if any submitted by the encroacher, apply to the Waqf Tribunal for the grant of an order of eviction for removing such encroachment and delivery of possession of the land, building, space or other property encroached upon to the mutawalli of the Waqf. In the case before the Division Bench, the Chief Executive Officer of the Waqf Board issued orders on 29.5.2014 after the Act was amended. By that order, he directed the petitioner to remove the encroachment from the waqf property on or before 30.6.2014, failing which he was cautioned that the necessary application would be made before the Waqf Tribunal, Kozhikode. The Division Bench noticed that, on the terms of Section 54 of the Waqf Act, 1995 as it stands after its amendment by the Wakf (Amendment) Act, 2013 the Chief Executive Officer of the Waqf Board could not have issued an order directing the encroacher to vacate the premises. Therefore, the effect of the order passed by the Chief Executive Officer of the Waqf Board is that if the petitioner does not vacate the premises it will be open to him to move the Waqf Tribunal for an order directing the petitioner to vacate the W.P.C.No.15451/17 -12- waqf property.
Kerala High Court Cites 19 - Cited by 1 - A Narendran - Full Document
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