IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 WP(C).No. 29582 of 2011(W) ------------------------------------------ PETITIONER(S): ------------------------ 1. HASSAN RAWTHAR,AGED 78, S/O.KOCHUTHAMPY RAWTHAR, R/AT KRASANT MOVIE(KALEEKKAL), KOTTANKARA MURI,ADOOR 2. THANKAPPAN RAWTHAR,AGED 80, S/O.OUVANI RATHWAR, R/AT KEEZHETHIL VEETTILL,MANNADI THAZHATH MURI, KADAMBANAD BY ADV. SMT.T.S.MAYA (THIYADIL) RESPONDENT(S): ---------------------------- 1. CIRCLE INSPECTOR OF POLICE, ADOOR PIN 691 523. 2. SUB INSPECTOR OF POLICE, EANATH, PIN 691 526. 3. BASHEER,AGED 64,S/O.OUVANI RAWTHAR, R/AT SHEEJA MANZIL,MANNADI PADINJARE KIZHAKKE MURI, KADAMBANAD VILLAGE,ADOOR PIN 691 530. 4. MEERASAHIB,AGED 58, S/O.MUHAMMEDKANNU RAWTHAR, R/AT KIZHEKKE UDAYAMUTTATHU VEEDU, MANNADI PADINJARETHAZHATHU MURI, KADAMBANAD VILLAGE,ADOOR TALUK,ADOOR PIN 691 530. Kss ..2/- ...2.... WPC.NO.29582/2011 W 5. MAJEED RAWTHER,AGED 60, S/O.OUVANI RAWTHER,R/AT PLAMMOOTTIL VEEDU,MANNADI PADINJAREKIZHAKKE MURI,KADAMBANAD VILLAGE, ADOOR TALUK,ADOOR PIN 691 530. 6. SHIJIKHAN,AGED 3,S/O.BASHEER, R/AT SHEEJA MANZIL,MANNADI PADINJARE KIZHAKKE MURI, KADAMBANAD VILLAGE,ADOOR PIN 691 530. 7. KAMALUDEEN,AGED 22, S/O.MEERASAHIB, R/AT KIZHEKKE UDAYAMUTTATHU VEEDU, MANNADI PADINJARETHAZHATHU MURI, KADAMBANAD VILLAGE,ADOOR TALUK,ADOOR PIN 691 530. R1 & R2 BY SR. GOVERNMENT PLEADER SRI. M.K.ABOOBACKER R3 TO R7 BY ADV. SRI.S.MUHAMMED HANEEFA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.29582/2011 W APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF MATHRUBHOOMI DAILY DATED 4-12-1997. EXT.P2 COPY OF THE MANORAMA DAILY DTD 7-12-2009. EXT.P3 COPY OF THE PLAINT IN O.S.153/2011 PENDING BEFORE THE ADOOR MUNSIFF COURT. EXT.P4 COPY OF THE INJUNCTION ORDER PASSED BY THE MUNSIFF IN O.S.153/2011. EXT.P5 COPY OF 2096/2011 IMPLEADING PETITION IN O.S.153/2011. EXT.P6 COPY OF THE 2097/2011 INJUNCTION PETITION FILED BY THE PETITIONERS IN O.S.153/2011. EXT.P7 COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT. EXT.P8 COPY OF THE COMPLAINT BEFORE THE 2ND RESP AND ITS RECEIPT. EXT.P9 COPY OF THE COMPLAINT BEFORE THE 1ST RESPONDENT AND ITS RECEIPT. EXT.P10 COPY OF THE COMPLAINT BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... W.P.(C).NO.29582 OF 2011 ................................................................... Dated this the 16th day of November, 2011. JUDGMENT Pius C. Kuriakose, J. The petitioners who claim to be the persons responsible for the conduct of Chandanakkudam Maholsavam festival in the famous Kalamala Mosque at Enath in Pathanamthitta District have filed this writ petition for police protection to them and to the members of the family branch for doing preparations and for the conduct of Chandanakkudam Maholsavam from 28.11.2011 till 11.12.2011 in a peaceful manner without any obstructions from the part of respondents 3 to 7 and persons who have allegiance to them. 2. A preliminary objection is taken by Sri. Haneefa who appears for the party respondents. He has pointed out that O.S.No.265/2011, a scheme suit, is already on the files of the Subordinate Judge's Court, Pathanamthitta. Any relief in respect of the conduct of Chandanakkudam Maholsavam is to be granted by the Sub Court which is in seizin of the scheme suit. We find force in the above submission. W.P.(C).NO.29582 OF 2011 : 2 : 3. Smt. T.S.Maya, the learned counsel for the petitioners would now request that police be directed to maintain law and order in the mosque so that the festival is conducted peacefully. 4. Even this request of the learned counsel is opposed by Sri. Haneefa, who submits that the petitioners are persons without any locus standi in the manner of conducting the festival, we relegate the petitioners to the Subordinate Judge, Pathanamthitta for moving appropriate applications in O.S.No.265/11. We direct the second respondent - Sub Inspector of Police having jurisdiction over the area where the mosque is situated to keep constant vigil and ensure that no law and order situation arises or violence erupts in the premises of the mosque on account of the dispute between the petitioners and the party respondents. There will be a further direction to the Subordinate Judge, Pathanamthitta, who is in seizin of O.S.No.265/11, to entertain and pass appropriate orders on any applications for impleadment and further reliefs which may be filed by the petitioners. Needful shall be done at the earliest by the W.P.(C).NO.29582 OF 2011 : 3 : learned Subordinate Judge in view of the admitted position that the festival is to commence on 28.11.2011. The writ petition is disposed of accordingly. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl