IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 WP(C).No. 26149 of 2011(P) ----------------------------------------- PETITIONER(S): ------------------------ 1. MOHAMMED.K.A.KATNADKAM,S/O.ABDULLA, AGED 42 YEARS,NEERCHAL VILLAGE,BUSINESS, BAPALIPONAM HOUSE,P.O.ARIYAPADY,PERADALA, KASARAGOD-671 551. 2. ABDUL KHADIR.B.K,S/O.KUNHAMU,AGED 48 YEARS, NEERCHAL VILLAGE,AGRICULTURE,BAPALIPONAM HOUSE,P.O.ARIYAPADY PERADALA,KASARAGOD-671 551. 3. MOHAMMED.Y.M,S/O.MOIDEENKUTTY, AGED 40 YEARS,NEERCHAL VILLAGE,BUSINESS, BAPALIPONAM HOUSE,P.O.ARIYAPADY PERADALA, KASARAGOD-671 551. 4. C.H.EBRAHIM,S/O.ANDUNHI,AGED 56 YEARS, NEERCHAL VILLAGE,AGRICULTURE,CHENNEKUND HOUSE, P.O.ARIYAPADY, PERADALA,KASARAGOD-671 551. 5. MOHAMMED CHOKKADI,S/O.ABDUL RAHMAN, AGED 42 YEARS,NEERCHAL VILLAGE,CHENNEKUNDU HOUSE, P.O.ARIYAPADY PERADALA,KASARAGOD-671 551. BY SRI.M.K.DAMODARAN, SENIOR ADVOCATE, BY ADV. SRI.C.A.MAJEED. Kss ..2/- ..2..... WPC.NO.6149/2011 P RESPONDENT(S): ---------------------------- 1. THE SUPERINTENDENT OF POLICE, KASARAGOD - PIN-671 121. 2. THE DEPUTY SUPERINTENDENT OF POLICE, KASARAGOD,PIN-671 121. 3. THE CIRCLE INSPECTOR OF POLICE, KASARAGOD,PIN-671 121. 4. THE SUB-INSPECTOR OF POLICE,BADIADUKA POLICE STATION,KASARAGOD,PIN-671 121. 5. NOORUL ISLAM MADRASSA MANAGING COMMITTEE, RUN BY MUHIYUDEEN JAMA-ATH COMMITTEE,REGISTERED UNDER THE SOCIETIES REGISTRATION ACT,REPRESENTED BY ITS GENERAL SECRETARY,ABDUL RAHIMAN.Y.K, S/O.MOIDEENKUTTY,NEERCHAL AMSOM AND DESOM, KASARAGOD TALUK AND DISTRICT,PIN-671 551. *ADDL.R6 TO R9 IMPLEADED: R6. A.M.MOHAMMED KUNHI, S/O.ABOOBAKER HAJI, ARIYAPPADI HOUSE, ARIYAPPDI PO - 671 551, KASARAGODE. R7. FAKRUDDEN, S/O.KUNHAMMED HAJI, PADALADUKKAM HOUSE, KUNTIKANAM PO - 671 551, KASARAGOD. Kss ..3/- ....3..... R8. ABDUL RAHMAN KOTA (ANDANHI), S/O.MAMMU KOTA, KOTA HOUSE, P.O.ARIYAPPADY NEERCHAL VILLAGE, KASARAGODE - PIN - 671 551, R9. ABBAS NALAKKARA, S/O.MOHAMMED NALAKKARA, NALAKKARA HOUSE, P.O. JUNTIKKANA, PIN - 671 551, NEERCHAL VILLAGE, KASARAGODE. (*ADDL.R6 TO R9 ARE IMPLEADED AS PER ORDER DTD. 14/10/2011 IN I.A.NO16253/2011) R1 TO R4 BY SR.GOVERNMENT PLEADER SRI. M.K.ABOOBACKER R5 BY ADVS.SRI.N.SUBRAMANIAM, SRI.M.S.NARAYANAN, SRI.P.T.GIRIJAN. R6 TO R9 BY ADVS.SRI.BABU KARUKAPADATH, SMT.M.A.VAHEEDA BABU, SRI.P.G.PRAMOD, SRI.JAGAN GEORGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.26149/2011 P APPENDIX PETITIONER'S EXHIBITS: EXHIBIT-P1: TRUE COPY OF THE TIME-TABLE OF THE BAPALIPONAM NOORUL ISLAM MADRASSA REG.NO. 6158 SHOWING THE WORKING TIME. EXHIBIT-P2: TRUE COPY OF THE INSPECTION REPORT DT;14.07.2010 BY THE SAMATHA KERALA SUNNI VIDYABHYASA BOARD IN RESPECT BAPALIPONAM NOORUL ISLAM MADRASSA. EXHIBIT-P3: TRUE COPY OF THE INSPECTION REPORT DT:29.12.2010 BY THE SAMATHA KERALA SUNNI VIDYABHYASA BOARD IN RESPECT OF BAPALIPONAM NOORUL ISLAM MADRASSA. EXHIBIT-P4: TRUE COPY OF THE INSPECTION REPORT 17.05.2011 BY THE SAMATHA KERALA SUNNI VIDYABHYASA BOARD IN RESPECT OF BAPALIPONAM NOORUL ISLAM MADRASSA. EXHIBIT-P5: TRUE COPY OF THE ORDER DATED 02.07.2007 IN CRP.597/2007 OF THIS HON'BLE COURT. EXHIBIT-P6: TRUE COPY OF THE ORDER DATED 05.12.2008 IN IA.2401/2008 IN I.A.NO.2286/2008 IN CRP.597/2007 OF THIS HON'BLE COURT. EXHIBIT-P7: TRUE COPY OF THE REPRESENTATION DATED 11.09.2011 SUBMITTED BY THE PETITIONERS BEFORE THE 4TH RESPONDENT. EXHIBIT-P8: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE IST PETITIONER TO THE IST RESPONDENT. RESPONDENTS' EXHIBITS: R5A: COPY OF CERTIFICATE ISSUED BY WAKF BOARD. R5B: COPY OF INTERIM ORDER. R5C: COPY OF COUNTER AFFIDAVIT. Kss ..2/- ..2.... WPC.NO.26149/2011 P R5D: COPY OF COMPLAINT FILED BEFORE THE SUPDT. OF POLICE, KASARGODE. R5E: COPY OF ORDER. R5F: COPY OF A PETITION. R5G: COPY OF CERTIFICATE R5H: COPY OF REPORT OF THE ADVOCATE COMMISSIONER. R6(A): COPY OF THE ORDER DTD. 21/05/2008 IN CRP.NO.597/2007. R6(B): COPY OF THE PETITION ALONG WITH THE AFFIDAVIT AND ANNEXURE PRODUCED IN I.A.NO.2286/2008 INCRP 597/2007 ON THE FILE OF THIS HON'BLE COURT. R6(C): COPY OF THE ORDER DTD. 07/10/2008 IN I.A.2286/2008 IN CRP NO.597/2007. R6(D): COPY OF THE PETITION FOR PROSECUTION, I.A.NO.2401/2008 IN CRP NO. 597/2007 FILED BEFORE THIS HON'BLE COURT. R6(E): COPY OF THE COUNTER AFFIDAVIT FILED BY THE 5TH RESPONDENT IN I.A.NO.2401/2008 IN CRP NO.597/2007 FILED BEFORE THIS HON'BLE COURT. /TRUE COPY/ P.A.TO JUDGE Kss PIUS C.KURIAKOSE & K.HARILAL,JJ ------------------------------------------------- W.P(C) No.26149 of 2011 -------------------------------------------------- Dated this the 10th day of November, 2011 J U D G M E N T Pius C. Kuriakose, J The petitioners claim to be the parents of children, who are attending religious classes in a Madrassa, which is being administered and conducted by the 5th respondent Noorul Islam Madrassa Managing Committee. The petitioners allege that without any justifiable reason, at the behest of the party respondents in the writ petition (additional respondents 6 to 9), the officers of police namely respondents 1 to 4 and other police personnel under them are intervening every now and then with the smooth functioning of the Madrassa and the conduct of classes in religious and moral education. On account of this situation, the children of the petitioners who are students of the Madrassa are suffering. This action of the police in intervening with the smooth functioning of the Madrassa of the 5th respondent amounts to harassment. The children of the petitioners are thus virtually prevented from attending classes in the Madrassa. The children are therefore deprived of the W.P(C) No.26149 of 2011 2 opportunity of receiving classes in religious and moral education. This situation should be prevented as this is nothing but harassment by the police. A detailed counter affidavit has been filed by respondents 6 to 9 and a separate detailed counter affidavit has been filed by the 5th respondent. Documents have been produced by the petitioners as well as by the contesting respondents along with the writ petition/counter affidavit. 2. Sri.M.K.Damodaran, the Senior counsel appearing for the petitioner addressed us in detail on the basis of the pleadings raised by the petitioners. According to Mr.Damamodaran it is absolutely necessary in the interest of the children of the petitioners who are attending the Madrassa which is being conducted by the 5th respondent that the classes in that Madrassa should be allowed to be conducted without interception by the police. According to the learned senior counsel, the petitioners who are the parents of students are not at all interested in the dispute between the groups which claimed the right to administer the Madrassa. The petitioners are interested only about the necessity to impart religious and moral education to the children. Sri.M.S.Narayanan, learned counsel appearing for the 5th respondent would support all the W.P(C) No.26149 of 2011 3 submissions of Mr.M.K.Damodaran. According to him no finding has been entered by the Wakf Tribunal as to who is in actual management of the Madrassa in question. 3. Sri.Babu Karukapadath, the learned counsel for respondents 6 to 9 would oppose all the submissions of senior counsel Sri.M.K.Damodharan and Sri.M.S.Narayanan. Sri.Babu Karukapadath would draw our attention to various materials placed on record by the parties including Exts.P5 and P6 orders passed by this Court in C.R.P.No.597/2007. As directed by us Mr.Babu Karukapadath placed before us a copy of the judgment of the Wakf Tribunal, Kozhikode in O.S.No.63/2005 against which only C.R.P.No.597/2007 has been instituted in this Court by Mohiyooden Jama Ath Committee, which was the plaintiff in O.S.No.63/2005. According to Mr.Babu Karukapadath in view of the clear findings entered by the Wakf Tribunal in O.S.No.63/2005 and the successive orders passed by this Court directing maintenance of status quo and prohibiting commencement of study classes it is idle for the petitioner to seek police protection directions against police intervention in the matter of conduct of classes in the Madrassa in question, which is stated to be conducted by the 5th respondent. The W.P(C) No.26149 of 2011 4 dispute as to the entitlement to administer and manage the Madrassa is a dispute it is now decided by the Wakf Tribunal in favour of the group to which additional respondents 6 to 9 owe allegiance and the said dispute is to be finally decided by this Court in the civil revision petition. Any direction which this Court may issue in this writ petition is likely to prejudice the interest of additional respondents 6 to 9 in the C.R.P. As this Court is considering the merits of the rival contentions and claims in respect of management of Madrassa in the civil revision jurisdiction, this Court may not issue any direction in this case. 4. Mr.M.K.Aboobacker, the learned Senior Government Pleader on the basis of instructions received from the respondents who are the police officers submitted that there is serious dispute between two factions of Muslim community in the area, who are allys to Sri.A.P.Aboobacker Musliar and E.K.Aboobacker Musliar, popularly known as A.P Group and E.K Group respectively. The petitioners owe allegiance to A.P Group while the contesting respondents owe allegiance to E.K Group. It is a fact that on account of rivalry between these two groups and the dispute between these two groups over the right to administer the Madrassa in question, law and order situations W.P(C) No.26149 of 2011 5 are frequently arising. As many as 15 crimes are registered by the local police and all those crimes are under investigation. The police are keeping constant vigil. The civil dispute between the parties is to be decided by the competent civil court. 5. Having anxiously considered the rival submissions addressed at the Bar as well as the rival pleadings raised by the parties and having scanned the various materials placed on record by the parties in this writ petition, we are of the view that the issue as to who has the right to administer the Madrassa in question and to conduct religious classes in the building which is in dispute is a matter to be decided by this Court finally in the civil revision petition, which is pending. This court in the above jurisdiction has already passed directions regarding maintenance of status quo. We do not find any reason to vary the above orders of status quo which are presently in currency. It is not within our domain in the present jurisdiction to consider the question of modification or variation of such orders. The submission of the learned Senior Government Pleader was that it is to keep the law and order that the police are occasionally visiting the premises of the Madrassa. In view of the fact that as many as 15 crimes have been registered and in view of the W.P(C) No.26149 of 2011 6 practically conceded position that the relationship between the two groups is strained to a very grate extent, we are of the view that the police are justified in keeping vigil over the premises in dispute for the purpose of ensuring that no law and order situation arises or violence erupts on account of the dispute between the two groups. Such action by the police cannot not be branded as harassment. We are not able to grant the reliefs specifically sought for in this writ petition. We dispose of this writ petition directing the police to keep vigil and to ensure that the dispute between two warring groups do not give rise to law and order situations, eruption of violence and commission of more crimes. We caution all the parties against violating any of the orders passed by this Court in the civil revisional jurisdiction. PIUS C. KURIAKOSE JUDGE K.HARILAL JUDGE ab