Court Upholds Civil Court Primacy in Eviction and Possession Matters; Modifies Single Judge's Order
The Kerala High Court, in a recent division bench ruling, has reaffirmed the jurisdictional boundaries of the Kerala State Minority Commission, emphasizing that it lacks the authority to adjudicate on eviction or possession disputes. The decision, delivered by Justices Dr. A.K. Jayasankaran Nambiar and Preeta A.K., arose from an appeal in the case of Abdul Salam vs. Moideenkutty and Others.
In the original writ petition, Moideenkutty challenged an order by the Kerala State Minority Commission, which directed his eviction from a property based on a complaint by Abdul Salam, who claimed ownership through registered sale deeds. The Single Judge had ruled that the Minority Commission overstepped its jurisdiction, quashing its eviction order and directing that Moideenkutty be reinstated in possession.
The division bench upheld the Single Judge's interpretation of the Kerala State Commission for Minorities Act, 2014, specifically Section 9(c), which does not empower the Commission to bypass civil court jurisdiction in property disputes. The High Court, however, modified the Single Judge's order regarding the reinstatement of possession, directing instead that the parties maintain the status quo as it existed before the Single Judge's decision.
The bench noted the presumption of validity attached to registered sale deeds, highlighting that without a legal challenge, claims of their nullity cannot stand. The court recognized Abdul Salam's ongoing civil suit for a declaration of rights over the property and the interlocutory order he had obtained, which was not considered by the Single Judge.
This judgment underscores the necessity for parties involved in property disputes to seek remedies through civil courts, maintaining the integrity of judicial processes and jurisdictional mandates. The court's directive for maintaining status quo ante ensures that neither party is unfairly disadvantaged pending the civil court's determination.
Bottom line:-
Kerala State Minority Commission does not have jurisdiction to pass orders for eviction or possession disputes bypassing the jurisdiction of a civil court.
Statutory provision(s): Section 9(c) of the Kerala State Commission for Minorities Act, 2014.
Abdul Salam v. Moideenkutty, (Kerala)(DB) : Law Finder Doc id # 2928987
