IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 25TH MAY 2009 / 4TH JYAISHTA 1931 WP(C).No. 9777 of 2009(N) ------------------------------------- PETITIONERS: --------------------- 1. KAMAL MALOOR, AGED 63 YEARS, KARATTUPALLIKARA VILLAGE, KUNNATHUNADU TALUK, PERUMBAVOOR, ERNAKULAM DISTRICT. 2. P.P.ABDUL KHADER, AGED 53 YEARS, S/O.PAREETH PILLA, KARATTUPALLIKARA VILLAGE, KUNNATHUNADU TALUK, PERUMBAVOOR, ERNAKULAM DISTRICT. 3. K.K.ALI, AGED 65 YEARS, S/O.KOCHAHAMMED, KONNUNKUDI HOUSE, KORATTUPALLI, ONNAM MILE, PERUMBAVOOR. 4. P.M.SHAMSUDHEEN, AGED 46 YEARS, S/O.P.A.MOHAMMED, PUTHENPEEDIKAYIL HOUSE, PERUMBAVOOR. 5. K.P.ASHRAF, AGED 48 YEARS, S/O.PAREED HAJI, KARUKUNNAM HOUSE, PERUMBAVOOR P.O. BY ADVS. MR.ZAKEER HUSSAIN, SMT.K.A.SANJEETHA. RESPONDENTS: ------------------------ 1. SUPERINTENDENT OF POLICE, ALUVA. W.P.(C). NO.9777/2009-N: 2. DEPUTY SUPERINTENDENT OF POLICE, PERUMBAVOOR. 3. K.HASSAN BAVA, AGED ABOUT 65 YEARS, S/O.KUNHEEN PILLA, KONNANKUDI VEEDU, KARATTUPALLIKKARA, PERUMBAVOOR VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. 4. T.M.SAHAD, S/O.MOIDEEN, AGED 65 YEARS, VALLAKKUDI VEEDU, FIRST MILE, PERUMBAVOOR VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. R1 & R2 BY GOVT. PLEADER MR. P.A. SALIM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.R.RAMAN & P.BHAVADASAN, JJ. -------------------------------------------------------- Writ Petition (C) No.9777 of 2009-N -------------------------------------------------------- Dated 25th May 2009 Judgment RAMAN, J. This is a writ petition, seeking issuance of a writ of mandamus to the 2nd respondent not to harass the petitioners nor to summon them to any police station or any other place in the case of execution of Ext.P2 decree. Ext.P1 is a judgment rendered by the Wakf Tribunal, allowing the suit against which revision was filed by the defendants, which was eventually dismissed by this court. The matter relates to the dispute regarding the language of delivering the advice part of the Khutuba as to whether it should be delivered in Malayalam or in Arabic. The tribunal, by an order of injunction, restrained the defendants from conducting the Khutuba in Arabic after exhortation to virtue and also directed them to make arrangements to conduct Juma Khutuba in the masjid by delivering the advice part of the Kutuba after the exhortation to WPC 9777/09 2 virtue in Malayalam, which was the practice followed in the masjid. It appears that subsequent to the judgment, in order to maintain law and order, the parties were summoned to the police station, when it was apprehended that unless there is interference by the police, there may be a breach of peace. According to the petitioners, they have preferred a Special Leave Petition before the apex court against the judgment of this court, confirming the judgment of the Wakf tribunal. The said Petition is not even admitted and no stay has been obtained. Be that as it may, neither party can take the law into its own hand and cause breach of peace. The police is bound to maintain law and order and therefore, if the parties are summoned to appear before the police station so as to see that there is no breach of peace by either of the parties, it can not be characterised as harassment as meted out by the petitioners. No grounds have WPC 9777/09 3 been made out for interference by this Court. The Writ Petition is accordingly dismissed. P.R.RAMAN, JUDGE P.BHAVADASAN, JUDGE sta WPC 9777/09 4