Kunhimarakkar v. Kavakibul Islam Sangam And Hayathul Islam Secondary Madrassa
2016-10-18
ANIL K.NARENDRAN, V.CHITAMBARESH
body2016
DigiLaw.ai
ORDER : V. Chitambaresh, J. The proviso to Section 83(9) of the Wakf Act, 1995 under which the present Civil Revision Petition had been filed is not in pari materia with Section 20(1) of the Kerala Buildings (Lease and Rent Control) Act 1965. The relevant statutory provisions are extracted hereunder for easy reference: Section 83(9): No appeal shall lie against any decision or order whether interim or otherwise, given or made by the Tribunal: Provided that a High Court may, on its own motion or on the application of the Board or any person aggrieved, call for and examine the re cords relating to any dispute, question or other matter which had been determined by the Tribunal for the purpose of satisfying itself as to the correctness, legality or propriety of such determination and may confirm, reverse or modify such determination or pass such other order as it may think fit. Section 20. Revision.-(1) In cases where the appellate authority empowered under Section 18 is a Subordinate Judge, the District Court, and in other cases the High Court, may, at any time, on the application of any aggrieved party, call for and examine the records relating to any order passed or proceedings taken under this Act by such authority for the purpose of satisfying itself as to the legality, regularity or propriety of such order or proceedings, and may pass such order in reference thereto as it thinks fit." (emphasis supplied) 2. Thus a Civil Revision Petition under Section 2C of the Kerala Buildings (Lease and Rent Control) Act, 1965 can be filed at 'anytime whereas no period of limitation had been prescribed for a Civil Revision Petition under the Wakf Act 1995. Rule 44 of the Rules of the High Court of Kerala, 1971 would squarely apply warranting the presentation of the Civil Revision Petition within 90 days of the order complained of. Rule 44 of the Rules of the High Court of Kerala, 1971 is as follows: 44. Revision Petitions-When no period of limitation is prescribed by any other law, a Revision Petition shall be presented within 90 days of the order complained of. The provisions of Sections 5 and 12 of the Limitation Act, 1963, shall apply to such petitions. 3.
Rule 44 of the Rules of the High Court of Kerala, 1971 is as follows: 44. Revision Petitions-When no period of limitation is prescribed by any other law, a Revision Petition shall be presented within 90 days of the order complained of. The provisions of Sections 5 and 12 of the Limitation Act, 1963, shall apply to such petitions. 3. The decision in Moideen Koya v. Kunhammed Haji ( 1999 (2) KLT 646 (F.B.)) rendered in the context of the words employed in Section 20 of the Kerala Buildings (Lease and Rent Control) Act 1965 has no relevance. The provisions of Sections 5 and 12 of the Limitation Act 1963 would axiomatically apply to the Civil Revision Petition under the proviso to Section 83(9) of the Wakf Act 1995. The revision petitioners have not filed any Civil Miscellaneous Application for condonation of delay of 34 days in filing the Civil Revision Petition under Section 5 of the Limitation Act, 1963. The mere accompaniment of an affidavit sans application would not suffice since the respondents should also be put on notice about the delay in filing the Civil Revision Petition. 4. The revision petitioners are granted an opportunity to file appropriate Civil Miscellaneous Application for condonation of delay in filing the Civil Revision Petition. 5. Post on 19.10.2016.