IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 WP(C).No. 25482 of 2006(H) --------------------------------------- PETITIONER: ----------------- P.V. LAKSHMANAN, AGED 71 YEARS, S/O. P.V.GOVINDAN, RESIDING AT III/1086, PUTHIYAVEEDU, NEAR 6TH GATE, KOZHIKODE-11. BY ADV. SRI.V.V.SURENDRAN SRI.P.A.HARISH RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SPECIAL TAHSILDAR, LAND ACQUISITION, KOZHIKODE. 3. CORPORATION OF KOZHIKODE, REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, KOZHIKODE. 4. THE MUSLIM EDUCATIONAL SOCIETY, REPRESENTED BY ITS SECRETARY, REGISTERED OFFICE, KOZHIKODE-1. BY SENIOR GOVERNMENT PLEADER SHRI BASANT BALAJI R1 & 2 BY ADV. SRI.A.A.ABUL HASSAN SMT.MINI.V.A. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) NO. 25482 OF 2006 ---------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN O.P.. NO.11503/1991 DATED 15.11.1991. EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN A.S. NO.81 OF 2000. EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 19.12.2003. EXHIBIT P4 TRUE COPY OF THE COMMMUNICATION DATED 22.8.1992 ISSUED TO THE 3RD RESPONDENT BY THE PETITIONER. EXHIBIT P5 TRUE COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT TO THE LOCAL ADMINISTRATION SECRETARY. EXHIBIT P6 TRUE COPY OF THE AWARD PASSED BY THE LAND ACQUISITION OFFICER. EXHIBIT P7 TRUE COPY OF THE RESPRESENTATION SUBMITTED BY THE AYALPAKKASAMITHI TO THE CHAIRMAN, TOWN PLANNING COMMITTEE OF CALICUT CORPORATION DATED 12.1.2004. EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DTED 1.12.2005 SUBMITTED BY THE PETITIONER TO THE THIRD RESPONDENT. EXHIBIT P9 DO. DO. DATED 6.12.2005. EXHIBIT P10 DO. DO. DATED 22.3.2006. EXHIBIT P11 DO. DO. DATED 7.2.2006 RESPONDENTS' EXHIBITS: ------------------------------------- EXHIBIT R4A TRUE COPY OF THE LEASE DEED NO.340 OF 1975 DATED 26.2.1975. EXHIBIT R4B TRUE COPY OF THE AGREEMENT DATED 25.11.1991. K. PADMANABHAN NAIR, J. = = = = = = = = = = = = = = = = = = = W.P(C) NO.25482 OF 2006 = = = = = = = = = = = = = = = = = = = Dated this the 25th day of March, 2008 J U D G M E N T -------------------- Petitioner is a resident on the side of Jilla Bungalow road in Kozhikode Corporation. There was a proposal to widen the road. Section 6(1) declaration had already been issued. Challenging that acquisition the 4th respondent and some others filed a Writ Petition before this Court and that was dismissed. It is also averred that some others had filed a suit and that also dismissed. It is alleged that the 4th respondent is exerting influence and taking steps to stay the acquisition proceedings. 2. The learned counsel appearing for the 4th respondent, submitted that in view of Section 91 of the Wakf Act, the notification issued is bad. 3. Section 91 of the Wakf Act reads as follows: “91. Proceedings under Act 1 of 1894:- (1) If, in the course of proceedings under the Land Acquisition Act, 1894 or under any law for the time being in force relating to the acquisition of land or other property, it appears to W.P(C) NO.25482 OF 2006 -: 2 :- the Collector before an award is made that any property under acquisition is wakf property, a notice of such acquisition shall be served by Collector on the Board and further proceedings shall be stayed to enable the Board to appear and plead as a party to the proceeding at any time within three months from the date of receipt of such notice”. 4. So notice to the Wakf Board is a not pre-requisite. The Section provides that the Collector shall issue notice to the Wakf Board and stay the proceedings so as to enable the Board to appear and plead as a party to the proceedings at any time within three months from the date of receipt of such notice. Since it is pointed out that Wakf property is involved in this particular case, it is only just and proper that respondents 1 and 2 follow the provisions contained in Section 91 of the Wakf Act before passing the award. In the result Writ Petition is disposed of with a direction to respondents 1 and 2 to issue notice to the Wakf Board as contemplated in Section 91 of the Wakf Act granting reasonable time to the Wakf Board to file its objection. If any objection is filed within the time allowed or subsequently extended the same, the same shall be disposed of in W.P(C) NO.25482 OF 2006 -: 3 :- accordance with law. There will be a stay of the acquisition proceedings involved in this case until a final decision is taken in the matter. K. PADMANABHAN NAIR, JUDGE. vsv K. PADMANABHAN NAIR, J. ===================== M.F.A. ===================== J U D G M E N T ------------------------------------------- TH MARCH, 2008