IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 WP(C).No. 25395 of 2011(Y) -------------------------------------- PETITIONER: ------------------- M.R.FASIL,THAYYAYIL HOUSE, PUZHAVATU,CHANGANASSERY,KOTTAYAM. BY ADVS. SRI.C.HARIKUMAR, SMT.V.V.ASHA. RESPONDENTS: ------------------------ 1. MUTAWALLI,MUSLIM YOUNG MENS ASSOCIATION, CHANGANASSERY,KOTTAYAM- 686 101. 2. CHIEF EXECUTIVE OFFICER, KERALA STATE WAKF BOARD, V.I.P ROAD, KALOOR, KOCHI- 682 017. R1 BY ADVS. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU, SRI.JAGAN GEORGE, SRI.K.A.NOUSHAD, SRI.P.G.PRAMOD, SRI.ONEAL SABU, R2 BY SRI. ABUL HASSAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.25395/2011-Y: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE RENT DEED EXECUTED BY THE PETITIONER IN FAVOUR OF THE RESPONDENT DTD. 20/02/2007. EXT.P.2: COPY OF THE RENT RECEIPT DTD. 12/09/2011 ISSUED BY THE RESPONDENT. EXT.P.3: COPY OF THE ORDER OF THE R.2. DTD. 22/08/2011. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 25395 OF 2011 ----------------------------------------------------- Dated this the 19th day of October, 2011 J U D G M E N T Petitioner is faced with Ext.P3 order passed by the 2nd respondent which requires him to vacate from the premises mentioned therein. There is a further direction, in the event of his failure, he will be evicted by taking assistance of the Sub Divisional Magistrate. According to the petitioner since there is an imminent threat of eviction, he is deprived of the legal remedies that are available against Ext.P3 and it is in these circumstances this writ petition is filed with the following prayer. “(i) Issue a direction to the 2nd respondent to keep in abeyance the Ext.P3 order for a time limit to be stipulated by this Hon'ble Court so as to enable the petitioner to challenge the same in an appropriate forum' W.P.(C) No. 25395 OF 2011 :2 : (ii) issue such other and further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” 2. I have heard the learned counsel appearing for the petitioner and also the counsel appearing for the respondents. A reading of Ext.P3 shows that petitioner is exposed to the threat of forceful eviction unless he vacate the premises on or before 29.9.2011. Having regard to the limited time granted to the petitioner, I am inclined to think that the petitioner should be given a more reasonable opportunity to pursue the legal remedies available, keeping in abeyance all further proceedings pursuant to Ext.P3. 3. Therefore I dispose of the writ petition directing that Ext.P3 shall not be implemented for a period of 4 weeks from today and it will be open to the petitioner to W.P.(C) No. 25395 OF 2011 :3 : seek his remedies against Ext.P3, in the meanwhile, including appropriate interlocutory orders in the matter. Petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 2nd respondent for compliance. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge