2025:KER:22937 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR TUESDAY, THE 18TH DAY OF MARCH 2025 / 27TH PHALGUNA, 1946 WP(C) NO. 27085 OF 2024 PETITIONER/S: 1 GEORGE THAYYIL, AGED 53 YEARS S/O. ABRAHAM THAYYIL, THAYYIL (H), IX/204, THATHAMPALLY P.O., ZILLA COURT WARD, ALAPPUZHA, PIN - 688013 2 JOHNS BIWHEELERS, (TRADE NAME: JOHNS HONDA), THAYYIL (H), IX/204, THATHAMPALLY P.O., ZILLA COURT WARD, ALAPPUZHA REPRESENTED BY ITS PARTNER JOHN THAYYIL, PIN - 688013 BY ADVS. JOB ABRAHAM A.KUMAR (SR.) RESPONDENT/S: 1 CHERAMAN JUMA MASJID, REPRESENTED THOUGH ITS SECRETARY, KODUNGALLUR – SHORNUR ROAD, ARAKULAM, KODUNGALLUR P.O.,THRISSUR, PIN - 680664 2025:KER:22937 W.P.(C)No.27085 of 2024 2 2 CHIEF EXECUTIVE OFFICER, KERALA STATE WAKF BOARD, VIP ROAD, KALOOR, ERNAKULAM, PIN - 682017 3 ABDUL JAMAL ( SOUGHT TO BE IMPLEADED ) S/O. KUNJIMAKKAR, CHIRACKAL HOUSE, KANDAMKULAM P.O., KODUNGALLUR, THRISSUR DISTRICT ( SOUGHT TO BE IMPLEADED ) BY ADVS. Jamsheed Hafiz P.A.ABDUL JABBAR MAJEED C A K.H.ASIF(K/478/2007) MOLTY MAJEED(K/418/2007) P.B.UNNIKRISHNAN NAIR(K/445/2012) SHERIN BIJU(K/004057/2023) MUHAMMED SHAFFI SHAHIM BIN AZIZ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:22937 W.P.(C)No.27085 of 2024 3 JUDGMENT Amit Rawal, J. Respondent No.1, Jama Ath, had submitted a request to the Wakf Board for eviction of the petitioner occupying the premises on the basis of the lease granted by the Jama Ath. Pursuant to that, the Chief Executive Officer, as per Section 54 of the Act, initiated eviction proceedings against the petitioner in respect of the premises having area of 4000 sq.ft, paying lease money of Rs.20,000/-. The ground for eviction was that the market rate of rent of the area is Rs.90,000/-, whereas the petitioner is paying a paltry amount of Rs.20,000/- on an area of 4000 sq.fts. Considering this, Wakf Board had passed an order of eviction and damages, ordering the petitioner to pay double the amount. 2025:KER:22937 W.P.(C)No.27085 of 2024 4 2. Mr.Job Abraham, learned counsel appearing on behalf of the petitioner submitted that the market rate of rent in the area is around Rs.32,000 to Rs.35,000. Since the petitioner is an old tenant, the respondents cannot charge Rs.90,000/-. Also, petitioner is willing to increase the rate of rent subject to the lease agreement. 3. Learned counsel for the respondents expressed no aversion in increasing the rent as per the market value. 4. In this view of the matter, we set aside the order of the Wakf Board, by fixing the monthly rent at Rs.30,000/- which will be paid from the 1st of April, 2025 and continue to be paid. The parties shall enter into a fresh lease agreement on the fresh rate of rent with an enhancement of 10% 2025:KER:22937 W.P.(C)No.27085 of 2024 5 after 3 years. Till such time the new lease agreement is executed, there shall be an interim stay qua eviction of the petitioner. Writ petition stands disposed off. Sd/- AMIT RAWAL, JUDGE sd/- K.V. JAYAKUMAR, JUDGE Scl/ 2025:KER:22937 W.P.(C)No.27085 of 2024 6 APPENDIX OF WP(C) 27085/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMPLAINT FILED UNDER SECTION 54(3) DATED: 25/10/2022 ALONG WITH ITS TRUE ENGLISH TRANSLATION Exhibit P2 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER DATED 26.07.2023 Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 04.06.2024 IN W.P.C. NO. 19949/2024 OF THIS HONOURABLE COURT Exhibit P4 TRUE COPY OF THE ORDER DATED 01.07.2024 OF THE 1ST RESPONDENT RESPONDENT ANNEXURES Annexure- R3(a) TRUE COPY OF MEMBERSHIP PASS BOOK ISSUED BY THE 1ST RESPONDENT JAMA-ATH. Annexure- R3(b) TRUE TRANSLATION OF ANNEXURE- R3(A). Annexure- R3(c) TRUE COPY OF REPRESENTATION DT: 07.12.2024 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. RESPONDENT EXHIBITS EXHIBIT R1-A A true copy of the letter dated 20/11/2013 issued to the petitioners along with its translation RESPONDENT ANNEXURES Annexure A4 TRUE TRANSLATION OF ANNEXURE- R3(C).