IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 WP(C).No. 4208 of 2008(A) ------------------------- PETITIONERS: ------------ 1. SAINUDEEN, PRESIDENT, EDAVA MUSLIM JAMA ATH COMMITTEE, EDAVA, RESIDING AT EDANAZHIKOM, EDAVA. 2. IQBAL, SECRETARY, EDAVA MUSLIM JAMA ATH COMMITTEE, EDAVA, RESIDING AT RAMEEZE MANZIL, PARAYIL, EDAVA. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.S.S.HUSSAIN SRI.P.K.NIJOY SRI.NIYAS A.SALAM RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. CIRCLE INSPECTOR OF POLICE, VARKALA POLICE STATION, THIRUVANANTHAPURAM. 3. K.P.SHAMSUDDIN, KHADEEJA MANSION, VENKULAM, EDAVA. 4. M.H.SHIHABUDEEN, NOUPHIRA MANZIL, PARAYIL, EDAVA. 5. FAZILUDEEN, THUNDIL, PALLIMUKKU, EDAVA P.O. BY ADV. SRI.M.V.BOSE GOVT. PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ----------------------------------------- W.P.(C) NO. 4208 OF 2008-A ----------------------------------------- Dated 14th February, 2008. JUDGMENT Balakrishnan Nair, J. The petitioners submit, they are respectively, the President and Secretary of Edava Muslim Jama Ath Committee. The respondents 3 and 4, who were the office bearers of the said Committee, were removed from it, on the ground of misappropriation. Now, they are threatening and harassing the petitioners and interfering with the day-to-day functioning of the Jama Ath Committee. So, they preferred Ext.P1 representation before the police and thereafter, this writ petition is filed, seeking police protection. 2. The 3rd respondent has filed a counter affidavit, denying the allegations of the petitioners. He submits that himself and the 4th respondent resigned from the Committee, protesting against the misappropriation of funds made by the petitioners. Against the misappropriation made by the petitioners, they have already moved the Wakf Board, it is submitted. The WPC 4208/08 2 allegations against them are denied. The petitioners have filed a reply affidavit, producing Ext.P2 FIR registered against respondents 3 and 4. The petitioners have also produced Ext.P3 complaint filed by them before the police. They also rely on Exts.P4 and P5 orders passed by this Court, when the former office bearers of the Committee approached this Court. 3. The learned Government Pleader, upon instructions, submitted that the allegations of the petitioners are unfounded and they are not facing any threat to their life from the party respondents. 4. If the petitioners are obstructed in running the administration of the Committee, or exercising the powers and functions attached to that office, their remedy lies before the competent civil court. They have to move the civil court and get injunction against the party respondents. If the injunction order is violated, the civil court has got powers to address the police to render assistance to enforce its orders. Having regard to the nature of the dispute involved in this case, we cannot ask the police to interfere in this dispute and render protection to the petitioners. Accordingly, the writ petition is dismissed without prejudice to the contentions of the petitioners WPC 4208/08 3 and their right to move other forums for appropriate reliefs. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. Nm/