IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 WP(C).No. 30715 of 2008(F) -------------------------- PETITIONER: --------------- PALATHINGAL TOWN NISHARA PALLI PARIPALANA COKKITTEE, REGN.NO.330/89, PALATHINGAL, REP.BY P.K.MIDHUNUTTY, S/O.AHAMMED KUTTY, POOCHENGAL, KUNNATH HOUSE, PALATHINGAL, P.O. ULLANAM, PARAPPARANGADI. BY ADV. SRI.T.H.ABDUL AZEEZ RESPONDENTS: --------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE MALAPPURAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE, TIRUR. 3. THE CIRCLE INSPECTOR OF POLICE, TANUR. 4. KUNNUMMAL AHAMMED KUTTY HAJI, AGED ABOUT 68 YEARS, S/O. MOHAMMED HAJI, PALATHINGAL, P.O. ULLANAM, PARAPPANANGADI. ADV. SRIC.M.MOHAMMED IQUABAL FOR R4 GOVERNMENT PLEADER, SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.30715/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE REGISTRATION CERTIFICATE IN FAVOUR OF THE PETITIONER COMMITTEE EXT.P2: COPY OF THE RELEVANT PORTION OF THE BYE-LAWS AND RULES OF THE PETITIONER COMMITTEE EXT.P3: COPY OF THE RETURNS OF INCOME & EXPENDITURE OF THE PALATHINGAL TOWN NISKARA PALLI, SUBMITTED BY THE PETITIONER BEFORE THE WAKF BOARD FOR THE YEARS 2007-08. //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ---------------------------------------- W.P.(C) No. 30715 OF 2008 ---------------------------------------- Dated this the 30th day of October, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner is a Committee. It claims that it is the Muthawalli of Plathingal Town Niskara Palli, which is a Wakf registered by the Wakf Board. The 4th respondent was the Muthawalli, when the said Wakf was registered with the Wakf Board. But, later he abandoned the post and the petitioner Committee has taken charge of the Wakf and it is managing the same as its Muthavalli. There is an Imam appointed by the petitioner to conduct prayers in the Niskara Palli. The 4th respondent has also appointed another Imam. So, dispute arose between the supporters of the petitioner and the 4th respondent regarding the conduct of prayers. The police intervened and arrangements were made for the factions to hold prayers on alternate days under the leadership of the respective Imam. Recently, the 3rd respondent called the Convenor of the petitioner Committee and asked him to withdraw his imam, so W.P.(C) No.30715/2008 2 that, prayers can be conducted on all days by the Imam appointed by the 2nd respondent. The petitioner submits, it is because of the political influence of the 4th respondent over the police that the above illegal action was taken. The petitioner feels the action of the 2nd respondent is unauthorised and is a harassment to the petitioner Committee. Therefore, this writ petition is filed seeking appropriate reliefs. 2. The 4th respondent submits he was always the Muthavalli of the Niskara Palli. The arrangements for conduct of prayers alternatively was made by the police at the instance of the petitioner. The allegations that the 4th respondent influenced the police and therefore the police is harassing the petitioner is unfounded. 3. The learned Government Pleader, upon instructions, submitted that the police never asked the petitioner to withdraw his Imam. The police interfered to prevent the possibility of clash between the rival factions. They have taken action only to maintain peace. Other allegations against the police are denied W.P.(C) No.30715/2008 3 by the learned Government Pleader. He also submitted that the Circle Inspector of police has already moved the superior police officers pointing out the necessity for action under Section 145 of the Cr.P.C. 4. The dispute between the petitioner and the 4th respondent is a civil dispute. It should be normally resolved by the civil court. The present dispute being one concerning the management of a Wakf, the proper forum for resolving the same will be the Wakf Tribunal. We notice the submission of the police that they have no intention to interfere in the civil dispute between the parties. They will interfere only to maintain peace and law and order. This submission is recorded and the writ petition is disposed of without prejudice to the contentions of both sides. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps