IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(C).No. 24435 of 2011(D) -------------------------------- PETITIONER(S): ------------------ ARUVEETTIL HUSAIN, S/O.MOYIN, GENERAL SECRETARY,MURAMBATHI JUMA-ATH PALLI, MAHALLU COMMITTEE, A SOCIETY REGISTERED AS NO.68/ 1983, NELLIPOYIL AMSOM, DESOM,MURAMBATHI P.O., KOZHIKODE. BY ADV. SRI.R.RAMADAS RESPONDENT(S): ------------------- 1. THE SUPERINTENDENT OF POLICE (RURAL), VATAKARA, KOZHIKODE DISTRICT-673 101. 2. THE CIRCLE INSPECTOR OF POLICE, THAMARASSERY, KOZHIKODE-673 573. 3. SUB INSPECTOR OF POLOICE,KODENCHERRY,. KOZHIKODE-673 580. 4. P.P.ABDULLA,S/O.MUHAMMED UNNI, PUTHENKOTTU PUTHENPURACKAL, POST MURAMBATHI, NELLIPOYIL AMSOM DESOM, KOZHIKODE-673 580. 5. C.M.MOIDEEN, S/O.MOHAMMED, NATTANTHODIKA,POST MURAMBATHI, NELLIPOYIL AMSOM DESOM, KOZHIKODE-673 580. WP(C).No. 24435 of 2011(D) -2- 6. SAINUDHEEN,S/O.ALI,ARAKKAL, POST MURAMBATHI, NELLIPOYIL AMSOM DESOM, KOZHIKODE-673 580. ADV. SRI.K.M.FIROZ FOR R4 SMT.M.SHAJNA FOR R4 SRI.JACOB E SIMON FOR R5 GOVT. PLEADER SRI.DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24435 of 2011(D) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE JUDGMENT DATED 10/03/10 IN CRP NO.92/08 BY THIS HON. COURT. EXT.P2:- TRUE COPY OF THE JUDGMENT DATED 31/03/10 IN O.S. NO.56/07 BY THE WAKF TRIBUNAL, KOZHIKODE. EXT.P3:- TRUE COPY OF THE REPRESENTATION DATED 01/06/11 BEFORE THE RESPONDENTS 1 TO 3. EXT.P4:- TRUE COPY OF THE JUDGMENT DATED 28/09/06 IN O.S.278/03 OF THE MUNSIFF COURT, KOZHIKODE RESPONDENTS EXTS EXT.R5(a):- TRUE COPY OF THE AFFIDAVIT AND PETITION FILED BY THE 5TH RESPONDENT IN I.A.604/11 IN O.S.56/07 ON THE FILES OF WAKF TRIBUNAL, KOZHIKODE. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.24435 of 2011 ------------------------------------------------ Dated this the 20th day of October, 2011 JUDGMENT Pius C. Kuriakose, J The petitioner in whose favour the Wakf Tribunal has passed an order of injunction against the party respondents has approached this Court seeking police protection virtually for enforcement of the injunction order. It is submitted by Sri.R.Ramadas that on receiving notice of the Writ Petition the party respondents have filed an application before the Wakf Tribunal for getting the injunction order set aside. When we suggested to Sri.Ramadas that this Writ Petition can be closed in view of the motion made by the party respondents before the Wakf Tribunal, Sri.Ramadas submitted that the petitioner be allowed to carry out the urgently needed repairs to the Madrassa building. This request is opposed by Sri.K.M.Firoz. According to Sri.Firoz the petitioners are not in management of the Madrassa at W. P. C. No.24435 of 2011 -2- all. 2. Considering the submissions addressed at the Bar, we close this Writ Petition giving liberty to the petitioner to approach the Wakf Tribunal itself for enforcement of the injunction order once the same is finally passed in favour of the petitioner. As for the request the permission should be granted for carrying out the essentially needed repairs to the building we permit the petitioner to file a separate interlocutory application before the Wakf Tribunal for that purpose. We direct the Wakf Tribunal Kozhikode to pass early orders on that application in accordance with law appreciating the urgency of the situation. The interim order directing maintenance of the law and order by the police will continue. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.24435 of 2011 -3-