IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 WP(C).No. 3417 of 2009(F) ------------------------- PETITIONER: --------------- AZHIKODE MUSLIM JAMA ATH, A BODY REGISTERED UNDER CHEKAKONAM, KARAKULAM, NEDUMANGADU, TRIVANDRUM REPRESENTED BY ITS ACTING PRESIDENT, A MOHAMMED HANEEFA. BY MR.R.S.KALKURA, ADVOCATE MR.M.S.KALESH, ADVOCATE MR.HARISH GOPINATH, ADVOCATE MR.V.VINAY MENON, ADVOCATE SMT.KVP.JAYALEKSHMY, ADVOCATE MR.M.AJAY (IRUMPANAM), ADVOCATE RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 3. DEPUTY SUPERINTENDENT OF POLICE (RURAL) NEDUMANGADU. 4. CIRCLE INSPECTOR OF POLICE, NEDUMANGADU. 5. SUB INSPECTOR OF POLICE, NEDUMANGADU. 6. CHIEF EXECUTIVE OFFICER, KERLA WAKAF BOARD, ERNAKULAM, KOCHI. WPC.3417/09 2 7. REVENUE DIVISIONAL OFFICER, THIRUVNANTHAPURAM. 8. NAJEEB KHAN, S/O. PAREEDUKUNJU, KUZHIVILA VEEDU, MANJA P.O., KARAKULAM, NEDUMANGADU. BY MR.M.M.SAIDU MUHAMMED,SC,WAKF BOARD FOR R6 MR.ANIL XAVIER, ADVOCATE FOR R8 MR.M.SHAHEED AHMAD, ADVOCATE FOR R8 MR.N.KRISHNA PRASAD, ADVOCATE FOR R8 MR.M.RISHIKESH SHENOY, ADVOCATE FOR R8 GOVT.PLEADER MR.BENJAMIN PAUL FOR R1 TO R5 & R7 SMT.K.INDU (POURNAMI), ADVOCATE FOR R8 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.3417/09 3 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RELEVANT PORTION OF THE BYE-LAWS OF THE PETITIONER JAMA ATH. EXT.P2: COPY OF THE GIFT DEED NO.4955/2000 DATED 30.11.2000 EXT.P3: COPY OF THE TAX RECEIPT DATED 2.4.2005 EVIDENCING PAYMENT OF TAX. EXT.P4: COPY OF THE JUDGMENT DATED 8.2.2005 IN OS.NO.800/2000 ON THE FILE OF THE ADDL.MUNSIFF'S COURT, NEDUMANGAD. EXT.P5: COPY OF THE JUDGMENT IN AS NO.145/2006 ON THE FILE OF THE SUB JUDGE, NEDUMANGAD. EXT.P6: COPY OF THE ORDER NO.B10/37/RA-1 DATED 13.5.2005. EXT.P7: COPY OF THE ORDER DATED 24.10.2005 IN OA NO.1/2005 ON THE FILE OF THE WAKF TRIBUNAL, KOLLAM. EXT.P8: COPY OF THE JUDGMENT DATED 24.1.2005 IN CRP.NO.40/2006 OF THIS HONOURABLE COURT. EXT.P9: COPY OF THE JUDGMENT DATED 26.7.2008 IN AS NO.14/2005 ON THE FILE OF THE SUB COURT, NEDUMANGADU. EXT.P10: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 26.8.2008 BEFORE THE SUB DIVISIONAL MAGISTRATE, THIRUVANANTHAPURAM. EXT.P11: COPY OF THE COMPLAINT DATED 11.12.2008 SUBMITTED BY THE PETITIONER BEFORE THE SI OF POLICE. EXT.P12: COPY OF THE REPRESENTATION DATED 12.12.2008 SUBMITTED BY THE PETITIONER BEFORE the CHIEF EXECUTIVE OFFICER, WAKF TRIBUNAL. EXT.P13: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 19.12.2008. EXT.P14: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 7TH RESPONDENT DATED 20.12.2008. EXT.P15: COPY OF THE APPLICATION DATED 6.1.2008 FILED BY THE PETITIONER WPC.3417/09 4 BEFORE THE 3RD RESPONDENT. EXT.P16: COPY OF THE APPLICATION DATED 8.1.2008 FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT. EXT.P17: COPY OF THE POSTAL RECEIPT INDICATING ISSUANCE OF EXT.P15 TO THE 3RD RESPONDENT. EXT.P18: COPY OF THE POSTAL RECEIPT INDICATING ISSUANCE OF EXT.P15 TO THE 3RD RESPONDENT. /TRUE COPY/ P.A. TO JUDGE J.B.KOSHY, Ag.C.J & V.GIRI, J. ------------------------------- W.P.(C).NO.3417 OF 2009 () ----------------------------------- Dated this the 17th day of February, 2009 J U D G M E N T KOSHY,Ag.CJ. This is a petition for police protection. It is the case of the petitioner that the 8th respondent is trying to trespass and reduce the property and police should grant protection to the Wakf property as matter is covered by Ext.P6 order of the Wakf Board, which is confirmed by the Wakf Tribunal. In Ext.P6, there is a specific direction that if the respondent is not removing the encroachment, matter shall be referred to the Sub Divisional Magistrate for removing the respondent with police assistance. Therefore, petitioner has to approach the Sub Divisional Magistrate for removing the respondent and if such a petition is filed, he shall take appropriate steps. Petitioner filed Ext.P10 application before the Sub Divisional Magistrate. In the above circumstances, the 7th respondent is directed to take action on Ext.P10 according to law as WPC.3417/09 2 expeditiously as possible and police is directed to see that law and order is maintained. With the above directions, this writ petition is disposed of. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE prp J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 6th November, 2008