IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WP(C).No. 17281 of 2009(E) -------------------------- PETITIONER(S): --------------- M.ABDULLA, MANAGER, MADRASSA ALP SCHOOL, WANDOOR, MALAPPURAM DISTRICT. BY ADV. SRI.P.K.SURESH KUMAR SMT.P.JAYALAKSHMI RESPONDENT(S): --------------- 1. DEPUTY SUPERINTENDENT OF POLICE, PERINTHALMANNA, MALAPPURAM DISTRICT. 2. SUB INSPECTOR OF POLICE, WANDOOR, MALAPPURAM DISTRICT. 3. K.T.MOHAMMED ALI, FIBA TRADERS, WANDOOR P.O., MALAPPURAM DISTRICT. 4. E.P.ABDUL LATHEEF, ELATTUPARAMBIL HOUSE, PULICKAL, WANDOOR P.O., MALAPPURAM DISTRICT. 5. P.ABDUL MAJEED, "AYSHA MANZIL", PULICKAL, WANDOOR P.O., MALAPPURAM DISTRICT. 6. E.P.SIRAJUDHEEN, ELATTUPARAMBIL HOUSE, PULICKAL, WANDOOR P.O., MALAPPURAM DISTRICT. BY ADV. SRI.T.KRISHNAN UNNI, SENIOR ADVOCATE FOR R3 TO R6 SRI.SAJU.S.A FOR R3 TO R6 BY GOVT. PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.17281 of 2009 EXT.P1 TRUE COPY OF JUDGMENT DATED 23.10.2008 IN W.P.(C) NOS.1705/08 9127/08 & 20331/07 PASSED BY THIS HON'BLE COURT. EXT.P2 TRUE COPY OF ORDER DATED 4.12.2008 PASSED BY DISTRICT REGISTRAR, MALAPPURAM. EXT.P3 TRUE COPY OF ORDER NO.B/5852/08 DATED 23.12.2008 ISSUED BY ASSISTANT EDUCATIONAL OFFICER, WANDOOR. EXT.P4 TRUE COPY OF FIR DATED 4.6.2009 IN CRIME NO.152/2009 OF WANDOOR POLICE STATION. EXT.P5 TRUE COPY OF COMPLAINT DATED 4.6.2009 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT. EXT.P6 TRUE COPY OF COMPLAINT DATED 4.6.2009 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. //TRUE COPY// P.A. TO JUDGE. P.R.RAMAN & P.BHAVADASAN, JJ. ------------------------------- W.P.(C) No.17281 of 2009 ------------------------------- Dated this the 22nd July, 2009 J U D G M E N T Raman, J. The petitioner who styled himself as the Manager of Madrassa A.L.P.School has approached this Court for a writ of mandamus to be issued to respondents 1 and 2 to render necessary police protection for the smooth conduct of Madrassa A.L.P.School at Wandoor in Malappuram District, and its properties, removing the obstruction, if any, caused at the instance of respondents 3 to 6. 2. Admittedly, the school is owned by a Society registered under the Societies Registration Act. The President of the Society is an elected member. According to the petitioner, he has been the President since 2005 and as such the Manager of the School. It is stated by the petitioner that respondents 3 to 6 had approached the District Registrar by filing a petition stating W.P.(C) No.17281 of 2009 2 that the list of members of the Committee submitted by the petitioner shall not be approved. According to the petitioner, it was duly enquired into and reported that the petitioner is the President and the list submitted by him is liable to be registered. This order was challenged by the third respondent in W.P.(C) No.20331 of 2007. But, by the time the matter came up for final hearing, the term of then existing committee expired and a fresh election was conducted. Ext.P1 is judgment rendered. The direction in Ext.P1 is to the effect that the fresh list of office bearers of the society could be considered by the District Registrar and he is free to pass appropriate orders untramelled by his previous orders. It is also noticed that the writ petitions, W.P.(C) Nos.20331 of 2007 and 1705 of 2008, had by efflux of time, became infructuous. 3. In the light of the judgment, the Registrar is said to have conducted the enquiry, as evidenced by Ext.P2, which is the subject matter of W.P.(C) No.36945 of 2008, and the said writ petition is still pending. In the mean time, the W.P.(C) No.17281 of 2009 3 educational authorities have also approved the appointment of the petitioner as Manager. It is said that despite the decision being thus in favour of the petitioner, respondents are causing obstruction for the smooth conduct of the school. 4. Senior Advocate, Sri.T.Krishnan Unni, appearing for respondents 3 to 6 would submit that finality of the order passed by the District Registrar is still pending adjudication in the writ petition filed by them. They have also challenged the approval granted before the statutory authorities. Therefore, the statutory authorities shall proceed to decide the dispute regarding the matter of approval. As at present, in the absence of any interim order or any order adverse to the petitioner, there cannot be any physical obstruction caused to the functioning of the school by the respondents. This will not prejudicially affect the right of the parties, but this will be subject to the orders passed in the writ petition or in the matter of appeal filed before the statutory authorities. W.P.(C) No.17281 of 2009 4 5. The conduct of the Madrassa will hereinafter be continued in the same manner. If there is any dispute regarding the conduct of Madrassa or its affairs, either of the parties disputing the same can approach the Wakf Tribunal. Subject to the above, if there is any obstruction caused, the police will interfere and remove such obstruction. The writ petition is disposed of as above. P.R.RAMAN, JUDGE P.BHAVADASAN , JUDGE. nj.