Kerala High Court
Karikunni Puthiya Purayil Hajira vs Kerala State Wakf Board on 16 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943
CRL.MC NO. 883 OF 2022
C.C.778 OF 2018 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE'S
COURT-II, KANNUR
PETITIONER/:
KARIKUNNI PUTHIYA PURAYIL HAJIRA
AGED 44 YEARS
ANCHU KANDIYIL AAYISHAS, DOOR NO. AL 251 MUHIYUDEEN
PALLI, PARIPALANA COMMITTEE BUILDING, AYIKKARA, KANNUR.,
PIN - 670007
BY ADV T.P.SAJID
RESPONDENT/S:
1 KERALA STATE WAKF BOARD
REPRESENTED BY ITS AUTHORIZED OFFICER, P.C. SHAMSHEER
ALI, AGED 38 YEARS, HEAD CLERK, DIVISIONAL OFFICE, KERALA
STATE WAQF BOARD, KANNUR, PIN - 670001
2 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
BY ADV SHRI.JAMSHEED HAFIZ, SC, WAQF BOARD
OTHER PRESENT:
SR.PP - SRI. HRITHWIK C.S.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.883/2022 2
O R D E R
Petitioner is the accused in C.C.778 of 2018 pending before the
Judicial First Class Magistrate's Court-II, Kannur, which was taken on file
on a complaint filed by the Wakf Board represented by its Authorised
Officer, alleging offence under Section 52A of the Wakf Act.
2. Facts of the case are not disputed. Petitioner was given
possession of a shop room belonged to Muhiyudheen Mosque Paripalana
Committee of Kannur for running a juice shop; that later the Wakf Board
initiated proceedings against her for eviction and, by Annexure-A3
proceedings dated 02.02.2017, an order was passed under Section 54A of
the Wakf Act for evicting her, treating her as an encroacher. She challenged
that order before this Court which was not accepted and later the said
complaint was preferred under Section 190 of the Cr.P.C. alleging the
above stated crime. Meanwhile, the Board moved the Wakf Tribunal,
Kozhikode for getting her evicted. By Annexure-A6 order dated
22.10.2018 that O.A. was allowed and she was directed to give vacant
possession of the shop room to the Wakf Board. Pursuant to Annexure-A7
report she approached the Authorised Officer and handed over the key of
the shop room and thus on 03.05.2019 she surrendered vacant possession of
the shop room. In other words, Annexure-A6 order has become final and
she has already surrendered vacant possession of the shop room. All the
same, Annexure-A5 complaint is pending before the Judicial First Class
Magistrate's Court where offence under Section 52A of the Wakf Act is
alleged against her. Now the petitioner wants to quash the proceedings.
3. After hearing the learned counsel for the petitioner and the fair
submissions of the learned Standing Counsel for the 1st respondent, I have
no doubt that such a proceedings cannot sustain against the petitioner.
Firstly, by virtue of Annexures-A6 and A7 proceedings the matter has
become infructuous. She has already surrendered vacant possession of the
shop room and now the Board has taken over possession of the same.
Secondly and more importantly, Section 52A of the Wakf Act had come
into force only on 01.11.2013 by an amendment. This penal provision does
not have retrospective operation. Therefore, the alleged act committed by
her prior to the amendment to the statute cannot sustain.
For these reasons, entire proceedings in CC 778 of 2018 on the file of
the Judicial First Class Magistrate's Court-II, Kannur are quashed. The
Crl.M.C. is allowed and the petitioner shall stand exonerated.
Sd/-
K.HARIPAL
JUDGE
okb/18.2.22 //True copy// P.S. to Judge
APPENDIX OF CRL.MC 883/2022
PETITIONER ANNEXURES
Annexure 1 A TRUE COPY OF THE KOOLISHEET DATED 1/1/2000
Annexure 2 THE TRUE COPY OF THE DETAILED STATEMENT ON
10/1/2017 FILED BY THE PETITIONER
Annexure 3 A TRUE COPY OF THE EVICTION ORDER DATED
2/2/2017 PASSED BY THE CHIEF EXECUTIVE OFFICER
Annexure 4 A TRUE COPY OF THE JUDGMENT DATED 23/5/2017
PASSED BY THIS HON'BLE COURT IN W.P.(C). NO.
10107/2017
Annexure 5 CERTIFIED COPY OF THE COMPLAINT DATED
23/6/2018 BEARING CMP NO. 4124/2018
Annexure 6 CERTIFIED COPY OF THE ORDER DATED 22/10/2018
IN O.A. NO 96/2017 PASSED BY THE WAQF
TRIBUNAL, KOZHIKODE
Annexure 7 THE TRUE COPY OF THE REPORT OF THE HEAD CLERK
OF THE WAQF BOARD AS PER REFERENCE NUMBER A3-
386CR DATED 17/6/2016 WHICH WAS RECEIVED TO
THE PETITIONER UNDER RTI ACT
