IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 WP(C).No. 21722 of 2010(M) ------------------------------------------------- PETITIONER(S): ---------------------- 1. KHUVATHUL ISLAM MAHALLU COMMITTEE, PARUTHIPRA, SHORNUR, PALAKKAD DISTRICT, REP. BY ITS SECRETARY, T.MOHAMMED. 2. T.MOHAMMED, S/O.EANTHU, THADATHILAKATHU HOUSE, PARUTHIPRA, SHORNUR, PALAKKAD DISTRICT. BY ADV. SRI.K.I.ABDUL RASHEED SRI.K.A.SHAMSUDEEN SMT.SEEMA.E.GEORGE SRI.V.K.MEETHIANKUNJU RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REP. BY THE CHIEF SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE SUB INSPECTOR OF POLICE, SHORNUR, PALAKKAD DISTRICT-679 121. 3. THE DEPUTY SUPERINTENDENT OF POLICE, SHORNUR, PALAKKAD DISTRICT-679 121. 4. ABOOBAKAR, S/O.SAIDALAVI, ALIYACKAL HOUSE, SHORNUR, PALAKKAD DISTRICT, PIN-679 121. W.P.(C).NO.21722 OF 2010 M 5. A.ABDUL AZIZ, S/O.MOHAMMED, ALIYACKAL HOUSE, SHORNUR, PALAKKAD DISTRICT, PIN-679 121. 6. KERALA STATE WAKF BOARD, KALOOR, COCHIN-682 017. R1 TO R3 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. ADV. SRI.NISHIL.P.S. FOR R4&5 SRI.A.B.JALEEL FOR R4&5 R6 BY ADVOCATE SHRI A.A. ABUL HASSAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.21722 OF 2010 M PETITIONERS' EXHIBITS: EXT.P1TRUE COPY OF THE RELEVANT PAGES OF THE BYELAW. EXT.P2TRUE COPY OF THE JUDGMENT DATED 21.5.2010 IN W.P.(C).NO.14940/2010. EXT.P3TRUE COPY OF THE PETITION DATED 7.7.2010. RESPONDENTS' EXHIBITS: EXT.R4(A) PHOTO COPY OF THE PETITION NO.94/2009. EXT.R4(B) PHOTO COPY OF REPRESENTATION DATED 22.01.2010 SUBMITTED BY THE MEMBERS OF THE MAHAL BEFORE THE R.D.O., OTTAPPALAM. EXT.R4(C) PHOTOCOPY OF LETTER NO.L.DIS.B.440/10 DATED 22/01/2010. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 21722 OF 2010 M --------------------------------------------------- Dated this the 20th July, 2010 JUDGMENT K.M. Joseph, J. Petitioners have approached this Court seeking police protection for themselves and also for the conduct of the election to the Working Committee of the first petitioner to be held on 25.07.2010. 2. Briefly put, the case of the petitioners is as follows: First petitioner is a Mahallu Committee formed for the administration and well being of the Jama-ath-mosque, Madrasa and Khabarstan and also other movable and immovable properties coming within the jurisdiction of its area of operation. The Committee was elected on 25.01.2008. The term expired on 24.01.2010. The Committee convened a general body meeting. There was obstruction by respondents 4 and 5 and their men. Petitioners filed a Writ Petition for police protection, WPC.21722/2010 M 2 culminating in Ext.P2 Judgment. It is stated that due to certain unforeseen reasons, the election could not be conducted on 23.05.2010 and it was scheduled to be held on 13.06.2010. It is stated that since the term of the present Committee has expired long back, the petitioners decided to convene a General Body Meeting again on 25.07.2010. But, apprehending that there will be obstruction from respondents 4 and 5, petitioners filed Ext.P3 petition. A Counter Affidavit is filed by respondents 4 and 5. 3. We heard the learned counsel appearing for the parties. Learned counsel for respondents 4 and 5 would submit that respondents 4 and 5 will not physically obstruct the holding of the election. Of course, according to them, all the Members are to be allowed to participate as per Ext.R4(c) proceedings of the Sub Divisional Magistrate. Learned counsel for the petitioners submits that there is no such direction by the Sub Divisional Magistrate. 4. The Writ Petition is disposed of recording the submission of the learned counsel for respondents 4 and 5 that WPC.21722/2010 M 3 they will not physically obstruct the holding of the election on 25.07.2010. If the petitioners complain of commission of any cognizable offence by respondents 4 and 5, appropriate action will be taken in accordance with law. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge