IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932 WP(C).No. 31538 of 2009(J) ------------------------------------------------- PETITIONER(S): --------------------- 1. C.P.MUHAMMED MASTER,KANNAMANGALAM WEST KARATTALUNGAL HIDAYATHUL ANAM SANGHAM, S/O.KUNHI POCKER,AGED ABOUT 52 YEARS,RESIDING AT PERUVALLUR AMSOM AND DESOM OF TIRURANGADI TALUK, MALAPPURAM DISTRICT. 2. NEYYAN MUHAMMED KUTTY HAJI, S/O.MAYINKUTTY,AGED ABOUT 58 YEARS, RESIDING AT PERUVALLUR AMSOM AND DESOM OF TIRURANGADI TALUK,MALAPPURAM DISTRICT. BY ADV. SRI.HARISH R. MENON SRI.K.T.SHYAMKUMAR RESPONDENT(S): ------------------------ 1. VELLAKKADAN MUHAMMED HAJI, S/O.KUNHI BEERAN,AGED 60 YEARS,RESIDING AT PERUVALLUR AMSOM AND DESOM OF TIRURANGADI TALUK, MALAPPURAM DISTRICT. 2. ILLIKKADAN ALAVIKUTTY, S/O.MAMMUTTY HAJI AGED 65,RESIDING AT KANNAMANGALAM AMSOM AND DESOM OF TIRURANGADI TALUK,MALAPPURAM DISTRICT. 3. THE SUPERINTENDENT OF POLICE, MALAPPURAM,MALAPPURAM DISTRICT. 4. THE DEPUPTY SUPERINTENDENT OF POLICE, MALAPPURAM, MALAPPURAM DISTRICT. 5. THE CIRCLE INSPECTOR OF POLICE, MALAPPURAM,MALAPPURAM DISTRICT. ADV. SRI.R.RAMADAS FOR R1 & 2 R3 TO R5 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.31538 OF 2009 J PETITIONERS' EXHIBITS: EXT.P1TRUE COPY OF THE ORDER PASSED IN I.A.NO.847/2008 IN OS.NO.50/2008 ON THE FILE OF WAKF TRIBUNAL, KOZHIKODE DATED 25.05.2009. EXT.P2TRUE COPY OF THE ADDITIONAL ORDER PASSED IN I.A.NO.847/2008 IN O.S.NO.50/2008 DATED 31.08.2009. EXT.P3TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 3RD RESPONDENT DATED 29.10.2009. RESPONDENTS' EXHIBITS: NIL. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 31538 OF 2009 J --------------------------------------------------- Dated this the 2nd August, 2010 JUDGMENT K.M. Joseph, J. Prayers in the Writ Petition are as follows: “(i) Issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 3 to 5 to afford adequate police protection to the petitioners for proceeding with the construction/finishing work of the remaining portion of the mosque building as directed in Ext.P1 order in Karattalungal Juma-ath at Kannamangalam West, Malappuram District from the illegal obstruction and threat caused by respondents 1 and 2 and their henchmen. (ii) Declare that respondents 1 and 2 and their men have no manner of right to interfere with the construction/finishing work of the remaining portion of the mosque building as directed in Ext.P1 order in Karattalungal Juma-ath at Kannamangalam West, Malappuram District.” WPC.31538/09 J 2 2. We have heard the learned counsel for the petitioners, learned counsel appearing on behalf of respondents 1 and 2 and also the learned Government Pleader. It is not in dispute that there are two Civil Revision Petitions and a Writ Petition pending in this Court. Having regard to the facts of this case, we leave it open to the petitioners to seek the relief sought by them. The Writ Petition is closed without prejudice to the right of the petitioners, if so advised, to approach this Court at a later point of time. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge