IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 WP(C).No. 21494 of 2007(H) -------------------------------------- PETITIONER: ------------------- V.E.MOYI HAJI, S/O. BEERANKUTTY HAJI, "SHERIFFA MANZIL", P.O.KUMARANELLOOR, MUKKAM, KOZHIKODE. BY ADV. SRI.R.RAMADAS RESPONDENTS: ----------------------- 1. THE SUPERINTENDENT OF POLICE (RURAL), VADAKARA, KOZHIKODE DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, KODUVALLY, KOZHIKODE DISTRICT. 3. THE SUB INSPECTOR OF POLICE, MUKKAM, KOZHIKODE DISTRICT. 4. THE KERALA WAKF BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, NEAR JAWAHARLAL NEHRU STADIUM, PALARIVATTOM, KOCHI. 5. KOTTAKUZHIYIL ABDUL RASHEED, S/O. KOTTAKKUZHIYIL MUHAMMED, NELLIKKAMPARAMBU POST, KOZHIKODE DISTRICT. 6. MUSLYARAKATH SALIM, S/O. ABDURAZAQ MUSLIAR, NELLIKKAMPARAMBU POST, KOZHIKODE DIST. W.P.(C) NO.21494/2007 *ADDL.R7 & R8 ARE IMPLEADED. 7. THE NETTIKKAPPARAMBU JUMA-ATH PALLI COMMITTEE, REP.BY ITS PRESIDENT- P.P.KOYAMMU, S/O. KUNJAMMED, KARASSERI P.O. KAKKAD AMSOM, DESOM, MUKKAM (VIA), KOZHIKKODE DISTRICT. 8. THE NELLIKKAMPARAMBU JUMA-ATH PALLI COMMITTEE REP.BY ITS SECRETARY - A.K.MUSHTHAFA, S/O. KUNJAMMED, KARASSERY P.O., KAKKAD AMSOM DESOM, MUKKAM (VIA), KOZHIKKODE DISTRICT . * ADDL. R7 & R8 ARE ARE IMPLEADED AS ADDL. R7 & R8 AS PER ORDER DT. 3.8.07. IN IA. 10361/2007. BY ADV. SRI.P.A.ABDUL JABBAR, SC, WAKF BOARD FOR R4 SRI.N.SUBRAMANIAM FOR R5,6,7,8 SRI.M.S.NARAYANAN FOR R5,6,7,8 SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD FOR R4 BY GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.21494/2007 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE JUDGMENT DT. 31.3.04 IN WPC. NO.40446/03 OF THIS HONOURABLE COURT. EXT.P2:- COPY OF THE ORDER DT. 4.6.07 IN OP. NO.2/2004 BY THE WAKF BOARD. EXT.P3:- COPY OF THE NOTICE BY THE PETITIONER THROUGH HIS COUNSEL ADVOCATE K.M. MUSTHAFA, KOZHIKKODE TO THE RESPONDENTS 1 TO 3. EXT.P4:- COPY OF THE REPRESENTATION DT. 2.7.07 BEFORE THE RESPONDENTS 1 TO 3 BY THE PETITIONER. EXT.P5:- COPY OF THE AGREEMENT DT. 18.11.1992 EXECUTED BY THE TWO RIVAL GROUPS INCLUDING P.P.KOYAMMU IN FAVOUR OF THE PETITIONER. EXT.P5:- COPY OF THE POSSESSION CERTIFICATE DT. 2.8.07 ISSUED BY THE VILLAGE OFFICER, KODIYATHUR. EXT.P6:- COPY OF THE OWNERSHIP CERTIFICATE DT. 1.8.07 ISSUED BY THE SECRETARY, KARASSERY GRAMA PANCHAYATH. EXT.P7:- COPY OF THE TAX RECEIPT DT. 2.8.07 ISSUED BY THE VILLAGE OFFICER, KODIYATHUR. EXT.P8:- COPY OF THE RECEIPT DT. 2.8.07 ISSUED BY THE VILLAGE OFFICER, KODIYATHUR. RESPONDENT'S EXHIBITS EXT.R7(a):- COPY OF THE APPLICATION FILED BY RESPONDENTS 7 AND 8 BEFORE THE WAKF BOARD. EXT.R7(b):- COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE WAKF BOARD. EXT.R7(c):- COPY OF THE LAWYER NOTICE CAUSED TO BE ISSUED BY THE 8TH RESPONDENT. /TRUE COPY/ P.S. TO JUDGE tss K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 21494 OF 2007 ============================ DATED THIS THE 3rd DAY OF JUNE 2008 JUDGMENT Balakrishnan Nair,J. The petitioner has approached this Court praying for a direction to respondents 1 to 3 to give necessary protection to him for managing and maintaining a mosque and its Wakf properties. Now it is common case that the dispute regarding the right to administer the mosque and its properties is pending before the Wakf Board for final orders . The matter was already heard and reserved for orders, it is submitted. In view of the above position, it is not proper for this Court to direct the police to interfere in the matter. Accordingly, this writ petition is closed without prejudice to the contentions of both parties. K. BALAKRISHNAN NAIR, JUDGE M.C. HARI RANI JUDGE ks.