IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 WP(C).No. 15499 of 2011(J) -------------------------- PETITIONER: --------------- MUNAVVIRUL ISLAM SANGAM MAHALLU COMMITTEE, REG.NO.346/89, KORMAN KADAPPURAM, TANUR P.O., PIN 676 302, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY P.P.SAITHALAVI. BY ADV. SRI.K.A.JALEEL RESPONDENT(S): --------------- 1. C.P.BAPPUTTY, S/O.CHERIYA BAVA, CHEKKITANTEPURAKKAL, KORMAN KADAPPURAM, TANUR.P.O., MALAPPURAM DISTRICT, PIN 676 302. 2. P.P.ALIYAMKUTTY, S/O.KUNJAN BAVA, POURANJINTE PURAKKAL, KORAMAN KADAPPURAM, TANUR P.O., MALAPPURAM DISTRICT, PIN 676 302. 3. M.P.SEETHIKOYA, S/O.KUNJU MUHAMMED, MEENTHULLIYINTE PURAKKALA, KORMAN KADAPPURAM, TANUR PO, MALAPPURAM DISTRICT, PIN 676 302. 4. ABDULLA KOYA, S/O.ERAMU, VADAKKAYIL, KORMAN KADAPPURAM, TANUR P.O., MALAPPURAM DISTRICT PIN 676 302. 5. HANEEFA, S/O.HAMSA, KHADIYANTE PURAKKAL, KORMAN KADAPPURAM, TANUR P.O., MALAPPURAM DISTRICT, POIN 676 302. 6. K.V.ABDULKHADER MUSALIAR, KUTTIKKADAN VEETTIL, KORMAN KADAPPURAM, TANUR P.O., MALAPPURAM DISTRICT,PIN 676 302. 7. KERALA STATE WAKF BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, V.I.P.ROAD, KALOOR, COCHIN-682 017. WP(C).No. 15499/2011 8. SUPERINTENDENT OF POLICE, MALAPPURAM DISTRICT, PIN 676 302. 9. SUB INSPECTOR OF POLICE, TANUR POLICE STATION, MALAPPURAM DISTRICT, PIN 676 302. R1 TO R6 BY ADV. SRI. ELVIN PETER P.J. R7 TO R9 BY GOVT. PLEADER SRI. T.K. VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15499/ 2011 APPENDIX PETITIONER'S EXHIBITS: P1 : COPY OF THE ORDER DATED 15.3.2007 GRANTING SANCTION FOR RECONSTRUCTION OF MUHIYUDEEN MOSQUE BY THE KERALA STATE WAKF BOARD. P2 : COPY OF THE ORDER DATED 5.3.2011 IN O.A. NO.25/2010 OF THE WAKF TRIBUNAL, KOZHIKODE. P3 : COPY OF THE ORDER DATED 16.2.2011 ISSUED BY THE KERALA STATE WAKF BOARD. P4 : COPY OF THE COMPLAINT DATED 3.2.2011 SUBMITTED BY THE PETITIONER BEFORE THE 9TH RESPONDENT. RESPONDENT'S EXHIBITS: R1(a) : COPY OF THE MINUTES OF THE GENERAL BODY METTING OF THE SANGHAM HELD ON 26.03.1998. R1(b) : COPY OF THE MINUTES OF THE GENERAL BODY MEETING ELECTING THE OFFICE BEARERS OF THE SANGHAM THAT WAS ISSUED BY THE DISTRICT REGISTRAR, MALAPPURAM. //TRUE COPY// P.A. TO JUDGE smvd R. BASANT & K. SURENDRA MOHAN, JJ. ........................................... W.P.(C).NO.15499 OF 2011 ............................................. Dated this the 23rd day of June, 2011. JUDGMENT Basant, J: The petitioner, a society represented by Secretary, has come before this Court seeking issue of directions to respondents 8 and 9 to afford protection to the petitioner for the construction/reconstruction of three mosques in accordance with law against illegal obstruction that is apprehended from respondents 1 to 6. 2. Respondents 1 to 6 have entered appearance. In the light of the stand taken by respondents 1 to 6, we find it unnecessary to delve deeper into other aspects. Respondents 1 to 6 submit that they shall not in any way obstruct the construction/reconstruction of mosques by the petitioner. They have no intention to do so, but they raise a contention that they are also members/office bearers of the petitioner society. According to them, it appears to them that there is a clandestine attempt to make this Court believe that respondents 1 to 6 are not members/office bearers of the society. To that extent, respondents 1 to 6 deny the allegations. The learned counsel for respondents 1 to 6 categorically undertakes that they shall not raise any W.P.(C).NO.15499 OF 2011 : 2 : objection to the construction/reconstruction of mosques by the petitioner. 3. In this petition for police protection, we do not intend to delve deeper into the question whether respondents 1 to 6 are members/office bearers of the society. Their rights in respect of the society does not appear to be germane to the dispute before us. The petitioner apprehends illegal obstruction from respondents 1 to 6, but respondents 1 to 6 categorically assert that they have no intention to cause any obstruction what so ever. 4. The learned Government Pleader submits that in the perception of the police, there is no obstruction to the construction of the mosques and, if there be any such obstruction, the petitioner can approach the police and thereupon necessary protection for the purpose of construction/reconstruction of the mosques alone shall be granted. 5. We have considered all the relevant inputs. We are satisfied that no specific directions under Article 226 are necessary. 6. In the result: W.P.(C).NO.15499 OF 2011 : 3 : a. We accept the submission of the learned counsel for respondents 1 to 6 that they shall not raise any objection against the porpoised construction/reconstruction of the three mosques. We further accept the submission of the learned Government Pleader that if there be any obstruction contrary to the undertaking given above, respondents 8 and 9 shall take appropriate and necessary action. b. We are in these circumstances satisfied that this petition can be dismissed without issuing any specific direction. The petition is hence dismissed subject to the above observations. c. We make it clear that we have no intention to express any opinion about the status of respondents 1 to 6 as members/office bearers of the petitioner society. Such disputes if any, will have to be settled by the parties in accordance with law. R. BASANT, JUDGE. K. SURENDRA MOHAN, JUDGE. cl