IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 WP(C).No. 28542 of 2011(P) ------------------------------- PETITIONER(S): ----------------- THE MANAGER, MAKHDOOMIYA DA-WA COLLEGE, (UNDER QUADISIYYA ISLAMIC COMPLEX REGD) PARAYATHUKONAM.P.O, KIZHUVILAM, ATTINGAL THIRUVANANTHAPURAM - 695 104. BY ADV. SRI.P.S.ABDUL KAREEM SRI.S.U.NAZAR RESPONDENT(S): ------------------- 1. STATE OF KERALA, RFEPRESENTYED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM - 695 001. 3. THE REVENUE DIVISIONAL OFFICER, COLLECTORATE, THIRUVANANTHAPURAM - 695 001. 4. CIRCLE INSPECTOR OF POLICE, ATTINGAL, THIRUVANANTHAPURAM - 695 101. 5. THE PRESIDENT, KATTUMURAKKAL MUSLIM JUMA-ATH, MUDAPURAM P.O., CHIRAYANKEEZHU, THIRUVANANTHAPURAM - 695314. 6. THE SECRETARY, KATTUMURAKKAL MUSLIM JUMA-ATH, MUDAPURAM, CHIRAYANKEEZHU PO., THIRUVANANTHAPURAM - 695314 ADV. SRI.P.K.IBRAHIM FOR R5 & 6 SR. GOVT. PLEADER SRI.S.ABDUL SALAM SRI.S.U.NAZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28542 of 2011(P) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE NOTICE DATED 20/08/11. EXT.P2:- TRUE COPY OF THE COMPLAINT DT.20/10/2011 EXT.P3:- TRUE COPY OF THE COMPLAINT DT.20/10/11 RESPONDENTS EXTS EXT.R5(a):- TRUE COPY OF THE LETTER ISSUED BY THE SECRETARY, KIZHUVILAM GRAMA PANCHAYATH DT.31/10/11. EXT.R5(b):- TRUE COPY OF THE MASS PETITION RECEIVED BY THE 5TH RESPONDNT. EXT.R5(c):- TRUE COPY OF THE COMMUNICATION ADDRESSED TO THE PETITIONER DT.14/08/11. EXT.R5(d):- TRUE COPY OF the COMMUNICATION RECEIVED FROM THE PETITIONER DT.18/08/11. EXT.R5(e):- TRUE COPY OF THE REPRESENTATION DT.31/08/11 BY THE 5TH RESPONDENT TO THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ W. P. C. No.28542 of 2011 ------------------------------------------------ Dated this the 24th day of November, 2011 JUDGMENT Pius C. Kuriakose, J The petitioner, the Manager of Makhdoomiyya Da-Wa College has approached this Court seeking the following reliefs:- “(i) Issue a writ of mandamus or any other appropriate writ/order commanding the respondents to pass an order in Ext.P2 & P3 complaint within three months. (ii) Direct the 4th respondent to give police protection to the institution at the time of Juma prayer on Fridays.” 2. The grievance voiced by the petitioner is that respondent Nos.5 and 6 are obstructing the offering of prayers by the students and staff of the petitioner's college being afraid that the petitioner will form a separate Juma- ath. The petitioner has no such intention. His intention is only to provide the students, teachers, and members of the W. P. C. No.28542 of 2011 -2- staff of the petitioner's college convenient facility for offering the prayers. Ext.P2 was submitted to the District Collector and Ext.P3 was submitted to the Revenue Divisional Officer. Neither the Collector nor the RDO has taken any action. 3. Respondents 5 and 6 have filed a detailed counter affidavit wherein it is contended that it is without any bona fides that the petitioner has instituted this Writ Petition. Exts.R5(a) to R5(e) are produced. Paragraph 2 of the counter refers to a Government order dated 25/07/05 which provides that construction of religious places can be made only with the prior approval of the District Authorities and at the earmarked places. 4. We have heard submissions of Sri.S.U.Nazar, the learned counsel for the petitioner and those of Sri.P.K.Ibrahim the learned counsel for the contesting party respondents 5 and 6. We have also heard the submission of W. P. C. No.28542 of 2011 -3- Sri.S.Abdul Salam, the learned senior Government Pleader. According to Sri.Nazar, the party respondents appear to be under an apprehension that the petitioner is going to constitute a new Juma-ath in the area. That is not the intention of the petitioner. Intention of the petitioner is only to provide a facility to those who are in the college to offer their prayers without having to walk kilometres of distance to the nearby mosque including the mosque established by respondents 5 and 6. Sri.Ibrahim submitted that it is without any bona fides that the present Writ Petition has been filed. The nearby mosque is within a distance of just one kilometre. The college is not a large scale college. It is an institution where the total strength of students is below 50. The intentions behind seeking police protection directions are oblique. The people belonging to the other communities in the area have complained of R5 and R6 against the proposal of the petitioner to convert the education W. P. C. No.28542 of 2011 -4- institution as place for worship. Sri.Salam, the learned Government Pleader submitted that according to the instructions given to him by the police there is no law and order situation warranting police protection. 5. Having considered the rival submissions addressed at the Bar, we are of the view that it is for the District Collector, the 2nd respondent to take immediate decision upon Ext.P2. Accordingly, we dispose of the Writ Petition issuing the following directions. 6. 2nd respondent will take up Ext.P2 immediately and convene a meeting of the petitioner and the representatives of respondents 5 and 6, hear the petitioner as well as the representatives of respondents 5 and 6, and will take just and correct decision on Ext.P2 at the earliest. Decision as directed above shall be taken by the 2nd respondent within a period of 3 weeks of receiving a copy of this judgment. Once decision is taken, the same should be communicated by the W. P. C. No.28542 of 2011 -5- District Collector to the petitioner as well as to respondent No.5. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE