IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 WP(C).No. 5034 of 2009(Y) ------------------------- PETITIONER(S): --------------- KUNJUMOIDU, S/O.CHEKKU, AGED 48, KOTTARATHIL HOUSE, KALLADIPATTA P.O., PRESIDENT, THASBIYATHUL ISLAM MADRASSA. BY ADV. SRI.SAJEEVAN KURUKKUTTIYULLATHIL RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, PALAKKAD. 2. THE SUB INSPECTOR OF POLICE, PATTAMBI. 3. E.HASSAN, AGED 52, S/O.MOHAMMED (KUNJAPATHY), ERAKKINGAL HOUSE, KALLADIPATTA. 4. MARAKKAR.K., AGED 54, S/O.ALI, KOPPAM HOUSE, KALLADIPATTA. 5. UMMAR.K., AGED 52, S/O.ALI, KOPPAM HOUSE, KALLADIPATTA. 6. P.KOYA, AGED 55, S/O.VEERANKUTTY, PARAMMEL HOUSE, KALLADIPATTA. ADDL. 7. THE WAKF BOARD OF KERALA, REP. BY ITS CHIEF EXECUTIVE OFFICER, WAKF BOARD, ERNAKULAM. (IMPLEADED AS PER ORDER DATED 24/2/2009 IN I.A.NO.2767/09) BY ADV. SRI.C.M.MOHAMMED IQUABAL FOR R3 TO 6 BY ADV. SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD FOR ADDL.R7 BY GOVT. PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.S.GOPINATHAN, JJ. ------------------------------- W.P.(C) No.5034 of 2009 ------------------------------- Dated this the 20th March, 2009 J U D G M E N T Raman, J. The petitioner claims to be the President of the Thasbiyathul Islam Madrassa Committee. It is submitted that since the Madrassa was in a dilapidated condition, the parents of the students studying in the Madrassa and its members submitted a representation before the Committee, produced as Ext.P1 in the case. The said representation was considered by the Committee and it was decided to demolish the old building and to construct a Madrassa, shop room and a Niskara Palli. The status of the petitioner as President is very much in dispute. It is also contended by the respondents the petitioner is not entitled to demolish the present Madrassa and put up a construction. Therefore, there are disputes as to whether the petitioner can proceed to demolish the Madrassa and to put up a new structure in the place of old one. Thus it is clear that there W.P.(C) No.5034 of 2009 2 are serious disputes between the parties. Therefore, this Court cannot grant any police protection, so as to enable either of the parties to alter the status quo as on today, unless the dispute is resolved through a competent Civil Court. 2. Heard the learned counsel appearing for the petitioner as also the learned Government Pleader. 3. However, as there are two factions and the law and order has to be maintained, after hearing all concerned, we dispose of the writ petition as follows. The police will see that law and order is maintained in the premises. If either of the parties claim any right to re-construct the Madrassa, they can approach the Civil Court and obtain necessary interim orders, whereupon, the police will be bound to give protection for the enforcement of the order passed by the Civil Court. P.R.RAMAN, JUDGE P.S.GOPINATHAN, JUDGE. nj.