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 25TH JANUARY 2010 / 5TH MAGHA 1931 WP(C).No. 2310 of 2010(K) ------------------------------------ PETITIONER(S): ---------------------- 1. M.SAINUDEEN, S/O.MYTHEENKUNJU, NADAKKAMUTE KIZHAKKETHIL, PALLI MURI, PORUVAZHY VILLAGE, KOLLAM DISTRICT (PRESIDENT, PORUVAZHY MAYYATHUMKARA SHAFIMAHAL MUSLIM JAMA-ATH). 2. ABDUL SALAM, AGED 54, S/O.MUHAMMED, CHARIYARATHU VEEDU, KAMBALADI MURI, PORUVAZHY P.O., PORUVAZHY VILLAGE, KOLLAM DISTRICT. (GENERAL SECRETARY, PORUVZHY MAYYATHUMKARA SHAFIMAHAL MUSLIM JAMA-ATH). BY ADV. SRI.R.SURAJ KUMAR SMT.GEETHA P.MENON SRI.NEELAKANTAN P.M. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT SUPERINTENDENT OF POLICE, KOLLAM. 3. THE DEPUTY SUPERINTENDENT OF POLICE, KARUNGAPPALLY, KOLLAM DISTRICT. 4. THE SUB INSPECTOR OF POLICE, SOORANADU, KOLLAM DISTRICT. 5. K.SUBAIR KUNJU, S/O.KASIM KUNJU, PUTHENPURA KIZHAKKETHIL, KAMBALADI MURI, PORUVAZHY VILLAGE, PORUVAZHY P.O., KOLLAM DISTRICT. 6. V.YUNUS KUTTY, S/O.BAVAKUNJU, PALLIYUDE PADEETTATHIL, PALLIMURI, PORUVAZHY, SOORANADU P.O., KOLLAM DISTRICT. WP(C).No. 2310 of 2010(K) -2- 7. D.C.KUNJU, S/O.CHEKKARUKUNJU, MADATHIL VEEDU, KAMBALADI MURI, PORUVAZHY P.O, KOLLAM DISTRICT. 8. SUBAIR KUTTY, S/O.MUHAMMED KUNJU, PALIYUDE PADEETTATHIL, PORUVAZHY, SOORANADU P.O., KOLLAM DISTRICT. 9. MYTHEENKUNJU, S/O.YUNUS KUNJU, VATTAVILAYIL VEEDU, KAMBALADI MURI, PORUVAZHY VILLAGE, PORUVAZHY P.O., KOLLAM DISTRICT. 10. MUNEER, S/O.MUHAMMED KUNJU, MADATHIL VEEDU, KAMBALADI MURI, PORUVAZHY VILLAGE, PORUVAZHY P.O., KOLLAM DISTRICT. 11. K.BASHEERKUTTY, AGED 55, S/O.KOCHUKUNJU, SABINA MANZIL, PALLI MURI, AMBALATHUMBHAGAM P.O., PORUVAZHY VILLAGE, KOLLAM DISTRICT. 12. ABDUL AZEEZ, S/O.VAVAKUNJU, PALLIYUDE PADEETTATHIL, PALLIMURI, PORUVAZHY, SOORANADU P.O. 13. AZEEZ KUTTY, S/O.THAMPIKUNJU, THERUVIL VEEDU, KAMBALADI MURI, PORUVAZHY, PORUVAZHY P.O. 14. AHAMMED KABIR, AGED 47, S/O.SAINUDEEN, DAR-UL-HUDE, PORUVAZHY P.O, KAMBALADI WARD, KOLLAM DISTRICT. 15. SAINUDEEN, AGED 75, S/O.MUHAMMED KUNJU, NOORANIA MANZIL, KAMPALADY MURI, PORUVAZHY P.O., PORUVAZHY VILLAGE, KOLLAM DISTRICT. 16. V.ASHRAF, AGED 56, S/O.VAVAKUNJU, KANJIRATHUM VADAKKETHIL, PALLIMURI, AMBALATHUMBHAGAM P.O., PORUVAZHY P.O., PORUVAZHY VILLAGE, KOLLAM DISTRICT. R1 TO R4 BY GOVERNMENT PLEADER SRI.P.N.SUKUMARAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.2310 of 2010-K ---------------------------------------------- Dated, this the 25th day of January, 2010 J U D G M E N T K.M.Joseph, J. The prayer in this writ petition is to issue a writ of mandamus or any other writ order or direction to respondents 1 to 3 to grant adequate and effective protection to the lives and property of the petitioners and to ensure the law and order in Poruvazhy and surrounding areas of Kollam District and also for a direction to the 3rd respondent to take action on Ext.P6 complaint. 2. Briefly put the case of the petitioners is as follows:- Petitioners are the President and Secretary of Pourvazhy Mayyathumkara Shafi Mahal Muslim Jama-Ath which is registered under the Kerala Wakf Board. It is stated that there are 35 elected members. It is further stated that on 5.12.2009, there is a commission elected by the General Body of the Jama-ath for conducting the election to the new Paripalana Samithy. Respondents 11 and 12 had not cared to publish either the draft voters list or the final voters list. It is also stated that the 11th respondent announced a new list of 35 members of the Paripalana Samithy with a waiting list of 3 W.P.(C0 2310/2010 -2- members before the general body with a malafide intention to bring the administration of the Jama-ath under their control. It is further stated that the 14th respondent has filed O.P.2/210 before the Wakf Board seeking to invoke powers under Section 32 of the Wakf Act, 1955 to set aside the election. An interlocutory application was also filed seeking interim injunction against petitioners and respondents 11 and 12 from constituting new committee and electing its office bearers (Ext.P2). It is also stated that there is no regular sitting of the Wakf Board and the 13th respondent could not obtain interim orders from the Wakf Board. It is also stated that a writ petition has been moved to dispose of Ext.P2. In Ext.P3 judgment there is a direction to dispose of Ext.P2 expeditiously. It is stated that respondents 15 and 16 filed O.S.2/2010 before the Wakf Court, Kollam to declare the list of members as null and void. It is also stated that an I.A. has been filed along with the suit for injunction restraining the defendants therein from handing over the administrative power to the new office bearers. The said I.A. is produced as Ext.P4. It is stated that Ext.P5 notice has been issued on the said petition. It is further stated that respondents 5 to 10, 12 and 13 claiming to be the new office bearers of the Jama- W.P.(C0 2310/2010 -3- ath with 25 identifiable persons unlawfully assembled after destroying the lock of the Jama-ath Committee trespassed into the said office and robbed the records kept therein and an amount of Rs.30,000/-. It is stated that the said mob after keeping the petitioners into grave threat to life had uttered filthy words. It is also stated that it has become routine for the said mob to abuse members of the Jama-ath who come to the mosque to offer prayers. It is stated that petitioners are willing to hand over the administrative control to a Receiver that may be appointed by the Wakf Board or Wakf Tribunal. Petitioners submit that they have filed Ext.P6 complaint before the 3rd respondent, the Deputy Superintendent of Police. 3. We heard the learned counsel for the petitioners and also the learned Government Pleader. 4. The essential prayer is for affording police protection. A perusal of the allegations would tend to create an impression in our mind that it is not a fit case for exercising the extraordinary jurisdiction. Matters are pending before the Wakf Board. The term of the erstwhile committee has come to an end. Petitioners allege that the process of election is flawed. That is a matter to be gone by the Wakf Tribunal or any other body. Admittedly there has been an election. Of W.P.(C0 2310/2010 -4- course, we are not pronouncing on the validity of the election. If the petitioners have any complaint, we feel that it is a matter where the petitioners can approach other forums available in a case of this nature and seek appropriate relief. Petitioners have made a complaint before the 3rd respondent. Ext.P6 is the complaint. Ext.P6 is dated 16.1.2010. If the petitioners have any complaint other remedies are open to the petitioners including the remedies under the Code of Criminal Procedure apart from making complaint to the superior authorities. Without prejudice to such remedies of the petitioners, the writ petition is dismissed. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS