KOCHI: The Kerala High Court has quashed a case against two former officials of the Department of Posts, Kozhikode Division, based on a complaint filed by the Waqf Board.
The complaint alleged that the officials illegally took possession of Waqf property without obtaining prior sanction from the Board.
Justice PV Kunhikrishnan, delivering the order on a petition filed by K Sukumaran and K Prema, stated that the Department of Posts had occupied the property prior to the insertion of Section 52A in the Waqf Act.
The court noted that the Post Office had been functioning on the property since 1999, while Section 52A, which mandates prior sanction from the Waqf Board to take possession of Waqf property, was only introduced in 2013. Consequently, the court ruled that prosecution against the petitioners was “unsustainable.”