IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 WP(C).No. 30856 of 2009(B) ---------------------------------- PETITIONER(S): ------------------- 1. MUSLIM JAMA-ATH PALAMKONAM, PERUMKULAM P.O., MANAMBOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT, REP. BY ITS PRESIDENT SAINULABDEEN, S/O.ISMAIL, THOUFEEK MANZIL, THOPPICHANTHA, KEEZHATTINGAL VILLAGE, THIRUVANANTHAPURAM DISTRICT. 2. MUSLIM JAMA-ATH, PALAMKONAM, PERUMKULAM P.O., MANAMBOOR VILLAGE, THIRUVANTHAPURAM DISTRICT, REP. BY ITS SECRETARY, ASHARAF, KINATTUVILA VEEDU, THOPPICHANTHA, MANAMBOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.P.K.MUHAMMED SRI.S.VIJI RESPONDENT(S): -------------------- 1. A.P.ABDUL KHADER MAULAVI, S/O.SAINUDHEEN, ADATHIPARAMBIL, PATHAPIRIYAM DESOM EDAVANNA, MALAPPURAM DISTRICT, GENERAL SECRETARY, KERALA NADAVATHIL MUJAHIDEEN, BEARING REGN. NO.02/4957, ANNIHALL ROAD, CHALAPPURAM, KOZHIKODE. 2. M.NASSIM, S/O.MUHAMMED RAFEEQ, V.V.HOUSE, ALAMCODE, ATTINGAL, THIRUVANANTHAPURAM DISTRICT. 3. ANZAR, S/O.SHAMSUDHEEN, NIZAR MANZIL, MANAMBOOR VILLAGE, PALAMKONAM, THIRUVANANTHAPURAM DISTRICT. SVS ..2/- ...2.... WPC.NO.30856/2009 B 4. ABOOBACKER, S/O.SHAMSUDHEEN, NIZAR MANZIL, MANAMBOOR VILLAGE, PALAMKONAM, THIRUVANANTHAPURAM DISTRICT. 5. THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. 6. THE SECRETARY, MANAMBOOR GRAMA PANCHAYATH, MANAMBOOR VILLAGE, THIRUVANANTHAPURAM. 7. DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL, THIRUVANANTHAPURAM DISTRICT. 8. CIRCLE INSPECTOR OF POLICE, KADAKKAVOOR, CHIRAYINKEEZH TALUK, THIRUVANANTHAPURAM DISTRICT. 9. SUB INSPECTOR OF POLICE, KADAKKAVOOR, CHIRAYINKEEZH TALUK, THIRUVANANTHAPURAM DISTRICT. R2 & R3 BY ADVS. SRI.V.V.ASOKAN, SRI.P.P.RAMACHANDRAN. R5, R7 TO R9 BY GOVT.PLEADER SRI. V. MANU R6 BY ADVS.SRI.R.S.KALKURA, SRI.M.S.KALESH, SRI.HARISH GOPINATH, SRI.V.VINAY MENON, SRI.M.AJAY (IRUMPANAM), THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS. WPC.NO.30856/2009 B APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE FIR IN CRIME NO.265/06 OF KADAKKAVOOR POLICE STATION. P2: COPY OF THE JUDGMENT IN WRIT PETITION NO.26761/06 DATED 19/10/2006. P3: COPY OF THE CAVEAT PETITION FILED BEFORE THE MUNSIFF'S COURT, VARKALA. P4: COPY OF THE CAVEAT PETITION FILED BEFORE THE SUB COURT, ATTINGAL. P5: COPY OF THE LETTER ISSUED FROM THE 6TH RESPONDENT'S OFFICE DATED 13/10/2009. P6: COPY OF THE REPRESENTATION SUBMITTED BY PEOPLE RESIDING AT PALAMKONAM BEFORE THE 5TH RESPONDENT. P7: COPY OF THE E-MAIL PHOTOGRAPH OF THE BUILDING AND THE SIGN BOARD FIXED BY RESPONDENTS 1 TO 4. RESPONDENT'S EXHIBITS: R2(A): COPY OF THE AFFIDAVIT OF MR. SUNIL KUMAR. R2(B): COPY OF THE BUILDING PERMIT ISSUED BY MANAMBOOR GRAMA PANCHAYATH. R2(C): COPY OF THE BUILDING PLAN. R3(D): PHOTOGRAPHS (3 NOS.) SHOWING THE NATURE OF THE CONSTRUCTION. /TRUE COPY/ P.A.TO JUDGE SVS S.SIRI JAGAN, J. --------------------------------------------- W.P.(C).No. 30856 of 2009 --------------------------------------------- Dated this the 19th day of August, 2010 J U D G M E N T The petitioners claim to be the President and Secretary of Palamkonam Muslim Jama-ath. According to them respondents 1 to 4 are followers of Nadvathul Mujahideen Movement. Petitioners allege that for the purpose of establishing an office for the said movement the respondents 1 to 4 have obtained a permit from the 6th respondent Panchayath and constructed a building. The petitioner seeks the following reliefs:- i. issue a writ of mandamus or other appropriate writ, order or direction, compelling 5th respondent to stop the construction of the Mosque, Madrassa, reading room etc. carried out by respondents 1 to 4 under the guise of commercial complex in R.S.No.191/14-A- 1,191/14-2 at Manamboor Village; ii. issue a writ of certiorari or other appropriate writ, order or direction, compelling the 6th respondent to produce the records relating to proceedings No.A4- 1474/09 on their file and to quash the license/ permit obtained by respondents 1 and 2 for the construction of Mosque, Madrassa etc. under the guise of a license obtained for shop/godown purpose; iii. Direct the 6th respondent to consider and dispose Exhibit-P6 representation with a time limit prescribed by this Honourable Court after affording an opportunity to the petitioners; W.P.(C).No. 30856 of 2009 2 2. The learned counsel for the petitioners submits that for the present, the petitioners would be satisfied with a direction to the 6th respondent to consider and pass orders on Exhibit P6 representation expeditiously. 3. I have heard the learned counsel for the petitioners, the learned Government Pleader, the learned counsel for the 6th respondent and the counsel appearing for respondents 1 to 4. Having heard all parties, I dispose of this writ petition with a direction to the 6th respondent to consider and pass orders on Exhibit P6 representation filed by the petitioners as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioners and respondents 1 to 4. S.SIRI JAGAN, JUDGE. rkc WP(C).No.30856 of 2009 3 The words “6th respondent” occurring in the 2nd line of the last paragraph of the judgment dated 19/08/2010 in WP(C) 30856/2009 are corrected and substituted as “5th respondent” as per order dated 27/09/2010 in IA 13032/2010. Registrar (Judicial)