IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 WP(C).No. 30762 of 2011(U) -------------------------------- PETITIONER(S): ------------------ NUZRATHUL ISLAM, MANJALY, MANNAM (PO), ALUVA ERNAKULAM DISTRICT, PIN- 683 520. REPRESENTED BY ITS PRESEIDEN ABDUL AZEEZ. BY ADV. SRI.C.P.UDAYABHANU SRI.SHAJI CHIRAYATH RESPONDENT(S): ------------------- 1. SUPERINTENDENT OF POLICE (ERNAKULAM RURAL), ALUVA PIN- 683 101. 2. CIRCLE INSPECTOR OF POLICE, ALUVA POLICE, ALUVA PIN- 683 101. 3. MOIDEEN NINA, AGED 48, SON OF MR. ALIKUNJU,VADAKKEKALATHIL HOUSE, MANJALY, MANNAM (PO), ALUVA ERNAKULAM DISTRICT, PIN- 683 520 4. ABDUL KAREEM, AGED 37 , SON OF MR. V.A.ABDUL KAREEM, MANJALY, MANNAM (PO), ALUVA ERNAKULAM DISTRICT, PIN- 683 520 WP(C).No. 30762 of 2011(U) -2- 5. MOHAMMED HABIB, AGED 58 , SON OF MR.ALIKUNJU, VADAKKEKALATHIL HOUSE, MANJALI, MANNAM (PO), ALUVA ERNAKULAM DISTRICT PIN- 683 520. 6. MOHAMMED ALI, AGED 37 , SON OF MR. V.A ABDUL KAREEM, VADAKKEKALATHIL HOUSE, MANJALY, MANNAM (PO), ALUVA ERNAKULAM DISTRICT, PIN- 683 520 7. K.A. MOHAMMED AGED 62, SON OF MR. ALIKUNJU, VADAKKELATHIL HOUSE, MANJALY, MANNAM (PO), ALUVA ERNAKULAM DISTRICT, PIN- 683 520. 8. HABIB RAHIMAN AGED 28, SON OF MR. K.A. MUHAMMED, VADAKKELATHIL HOUSE, MANJALY, MANNAM (PO), ALUVA ERNAKULAM DISTRICT PIN- 683 520. 9. ADDL.R9- KERALA STATE WAKF BOARD, KALOOR. (ADDL.R9 IS SUO MOTU IMPLEADED AS PER ORDER DATED 22.11.2011) ADV. SRI.P.A.ABDUL JABBAR FOR R3,5,6,7 SRI.C.M.JIHADH FOR R3,5,6,7 SRI.P.SREEKUMAR FOR R9 SRI.K.S.MANU (PUNUKKONNOOR) FOR R9 STATE ATTORNEY SRI.P.VIJAYARAGHAVAN SR. GOVT. PLEADER SRI.SHYSON P. MANGUZHA SRI.A.A.ABUL HASSAN - S.C. FOR ADDL.R9 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30762 of 2011(U) APPENDIX PETITIONER'S EXTS EXT.P1:- THE COPY OF THE NOTIFICATION ANNUAL GENERAL MEETING. EXT.P2:- THE COPY OF the MINUTES ADJOURNING ANNUAL GENERAL METING PURSUANT TO EXT.P1 EXT.P3:- THE COPY OF the CRIM NO.664/11 ALUVA WEST POLICE STATION ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NO.1 ALUVA REGISTERED AGAINST THE RESPONDENT 3 & OTHERS. EXT.P4:- THE COPY OF THE NOTIFICATION TO ANNUAL GENERAL MEETING. EXT.P5:- THE REQUEST FOR POLICE PROTECTION SUBMITTED BY THE PETITIONER TO 1ST RESPONDENT. RESPONDENTS EXTS EXT.R1(a):- TRUE COPY OF THE LETTER SUBMTTED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.R1(b):- TRUE COPY OF THE FIR IN CRIME NO.665/11 EXT.R1(c):- TRUE COPY OF THE ORDER PASSED BY CHIEF EXECUTIVE OFFICER OF THE KERALA WAKF BOARD. EXT.R1(d):- TRUE COPY OF the ORDER PASSED BY CHIEF EXECUTIVE OFFICER OF THE KERALA WAKF BOARD. EXT.R1(e):- TRUE COPY OF THE ORDER PASSED BY THE ENQUIRY COURT AND SPECIAL JUDGE, TRISSUR. EXT.R1(f):- TRUE COPY OF THE INVITATION CARD OF “XII” MANNAM MEMORIAL INTER-SCHOOL VOLLEY BALL TOURNAMENT. EXT.R1(q):- TRUE COPY OF THE PAPER REPORTS. EXT.R1(h):- TRUE COPY OF the REPRESENTATION SUBMTTED BEFORE THE CHIEF EXECUTIVE OFFICER OF THE KERALA WAKF BOARD. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ W. P. C. No.30762 of 2011 ------------------------------------------------ Dated this the 25th day of November, 2011 JUDGMENT Pius C. Kuriakose, J The petitioner, M/s Nuzrathul Islam Sangham has filed this Writ Petition seeking police protection for the peaceful conduct of their Annual General Meeting pursuant to Ext.P4 committee decision. Sri.P.A.Abdul Jabbar appearing on behalf of respondents 3, 5, 6 and 7 submitted that those respondents are also members of the petitioner/Sangham and the present office bearers of the Sangham may not permit those respondents to express their views in the meeting freely. Counsel requested that the additional 9th respondent Kerala State Wakf Board be directed to depute an observer to the meeting so that the meeting is conducted strictly in accordance with the rules and bye-laws and giving W. P. C. No.30762 of 2011 -2- opportunity to every member to participate in the deliberations. Counsel further submitted that there is no objection to the police being directed to ensure that no law and order situation arise during the AGM. 2. Sri.A.A.Abul Hassan, the learned Standing Counsel for the Additional 9th respondent Kerala State Wakf Board submitted that the Kerala State Wakf Board will be all willingness to comply with any order which this Court may pass in the above regard. On behalf of State Attorney it was submitted that the requisite number of police personnel will be deputed to the venue of the meeting for ensuring that law and order situation or violence does not erupt during the course of the meeting. It was further submitted that the police has already suggested that an observer be deputed by the Wakf Board to this meeting. 3. Having considered the averments in the Writ Petition, the rival submissions addressed at the Bar, we are W. P. C. No.30762 of 2011 -3- of the view that the Writ Petition can be disposed of issuing the following directions:- The respondents 1 and 2 are directed to depute sufficient number of police personnel to the venue of the Annual General Meeting of the petitioner/Organization i.e. to the Hidayathul Islam Madrassa hall, Manjaly from 2.00 p.m. onwards on 27/11/11 till the AGM is over. The police personnel deputed will ensure that no law and order situation or violence erupts during the AGM. The additional 9th respondent is directed to depute a competent person as observer to be present throughout the proposed AGM on 27/11/11 and submit report to the additional 9th respondent regarding the deliberations and proceedings in the meeting. It shall be the obligation of the observer to ensure that the members attending the meeting are permitted to express their views. The party respondents and the office bearers of the petitioner/Organization are informed that it is primarily W. P. C. No.30762 of 2011 -4- their responsibility to ensure that the AGM goes on peacefully. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE