IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 WP(C).No. 2775 of 2008(E) ------------------------- PETITIONER: ------------ 1. K.MOHAMMED RAFEEQ NISSAMI, S/O.SAIDALAVI, AGED 36 YEARS, KALATHINGAL HOUSE, P.O.ARAKINAR, CALICUT 673 028, ENGAGED AS MUDARYIS KARUVANTHURUTHI JAMATH PALLY DARAZ, KARUVANTHURUTHI. 2. K.P.JAFFER SADIQUE, S/O.K.P.ABOOBCKER, AGED 20 YEARS, K.P.HOUSE, CHEPPUR, P.O.ANAKKAYAM, MALAPPURAM DISTRICT, NOW STUDENT AT KARUVANTHURUTHI JAMATH PALLY DARAZ, KURUVANTHURUTHI. 3. ISMAIL K.P., S/O.CHERIYA BAVA, AGED 18 YEARS, K.P.HOUSE, KADALUNDI NAGARAM P.O PARAPPANANGADI, MALAPPURAM NOW STUDENT AT KARUVANTHURUTHI JAMATH PALLY DARAZ, KURUVANTHURUTHI. 4. V.P.ABDU SAMMAD, S/O.HUSSAIN KOYATTI AGED 19 YEARS, V.P.HOUSE, P.O.NEELESHVARAM, VIA OAMASSERRY, KOZHIKODE DISTRICT. NOW STUDENT AT KARUVANTHURUTHI JAMATH PALLY DARAZ, KURUVANTHIRUTHI. 5. KARUVANTHURUTHI IZZATHUL ISALM JAMA-ATH A WAKF REGISTERED UNDER THE WAKF ACT, 1995 BEARING REG.NO.3747/RA, P.O.KURUVANTHIRUTHI, FEROKE, 673 643, CALICUT DISTRICT, REPRESENTED BY SECRETARY, ISSATHUL ISLAM JAMATH. WP(C).No.2775 of 2008(E) 2 6. KARUVANTHURUTHI JAMATH PALLY DARAZ A WAKF REGISTERED UNDER THE WAKF ACT, 1995 BEARING REG.NO.3746RA, P.O.KURUVANTHIRUTHI, FEROKE, 673 643. CALICUT DISTRICT, REPRESENTED BY SECRETARY ISSATHUL ISLAM JAMATH. BY ADV. SRI.K.M.FIROZ SMT.M.SHAJNA RESPONDENTS: ------------- 1. THE STATION HOUSE OFFICER/SUB INSPECTOR OF POLICE, FEROKE POLICE STATION, FEROKE, CALICUT DISTRICT. 2. THE SOUTH ASSISTANT POLICE COMMISSIONER, CALICUT, OFFICE OF THE SOUTH ASSISTANT POLICE COMMISSIONER, CALICUT. 3. KOYAMMU, S/O.KUNJIKOYA THANGAL MALIYEKKAL HOUSE, KARUVANTHURUTHI P.O. FEROKE, CALICUT - 673 643. 4. SADIK K., S/O.ATTAKOYATHANGAL, KIZHAKKEY THALAKKAL HOUSE, KARUVANTHURUTHI P.O., FEROKE, CALICUT 673 643. 5. KUNJEEN M., S/O.MAMMUNNI (LATE), MARAKKAYIL HOUSE, KARUVANTHURUTHI P.O. FEROKE, CALICUT 673 643. 6. THE KERALA STATE WAKF BOARD, REGIONAL OFFICE, EROTH CENTRE BANK ROAD, KOZHIKODE 673 001 REPRESENTED BY ITS SENIOR SUPERINTENDENT. BY GOVT.PLEADER SHRI P.A.SALIM FOR R1 & 2 SMT.T.RESMI DAMODARAN FOR R3 TO 5 ADV. SRI.P.A.ABDUL JABBAR, SC, WAKF BOARD FOR R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR AND K.T.SANKARAN, JJ. --------------------------------------------------------------- W.P.(C)No.2775 OF 2008 ----------------------------- DATED THIS THE 21st DAY OF FEBRUARY, 2008 J U D G M E N T BALAKRISHNAN NAIR, J. The petitioners 5 and 6 are Wakfs registered with the Wakf Board. The first petitioner is the teacher attached to the 6th petitioner. Petitioners 2 to 4 are stated to be the students of the 6th petitioner. Without any reason or justification respondents 3 to 5 are causing obstruction to the functioning of petitioners 5 and 6, it is submitted. They have also encroached into the prayer hall of the Mosque and manhandled some persons on 26.10.2007. On the information lodged by the injured, a crime has been registered against them. Those respondents are politically influential and therefore on the strength of political support, they are continuing their illegal activities. They are interfering with the functioning of petitioners 5 and 6. So, the petitioners preferred Exhibit P6 representation before the local police. But the Police is not taking any action and therefore, this writ petition is filed seeking the following relief. “To call for the records leading to Exhibit P5 and P6 and direct the first and second respondent to give adequate protection to the W.P.(C)No. 2775/08 2 life of petitioners and the persons visiting the premises of the fifth and sixth petitioners against respondents 3 to 5 and their men as and when necessary in accordance with law by issuing a writ of mandamus or any other appropriate writ, direction or order.” 2. Respondents 3 to 5 filed a counter affidavit in which it is submitted that the persons managing petitioners 5 and 6 are misappropriating the funds of those petitioners. Recently, the trees standing in the compound of the institutions were cut and removed. Therefore, the members of the Jama-ath moved Exhibit R3(a) petition before the Wakf Board and there is an interim injunction granted by the Board against further cutting of trees, it is submitted. Respondents 3 to 5 deny the allegations against them. The petitioners have filed a reply affidavit dealing with the averments made by respondents 3 to 5 in their counter affidavit. They dispute the claim of respondents 3 to 5 that they have obtained an injunction order against the petitioners. 3. The learned Government Pleader upon instructions submitted that when information was lodged about commission of cognizable offence, a crime has been registered against the trouble makers. On special occasions and on Fridays, Police surveillance is made in the area to maintain law and order. 4. If the functioning of petitioners 5 and 6 is obstructed by respondents 3 to 5 or others, the remedy of the petitioners is to move the competent Civil Court and get appropriate orders. If the orders of the W.P.(C)No. 2775/08 3 Civil Court are disobeyed, the Court concerned can address the Police also to enforce those orders. Therefore, we are of the view that having regard to the nature of the civil dispute between the parties, this Court is not justified in ordering any direction to the Police. But we record the submission of the learned Government Pleader regarding Police surveillance, which we have already noticed earlier. The writ petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. K.T.SANKARAN, JUDGE. dsn