Kodungaloor Cheraman Juma Masjid ... vs The State Of Kerala
2021 Latest Caselaw 16414 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
                        WP(C) NO. 29745 OF 2019
PETITIONER:

          KODUNGALOOR CHERAMAN JUMA MASJID MAHALLU COMMITTEE,
          KODUNGALLUR, THRISSUR DISTRICT - 680 664. REPRESENTED
          BY ITS SECRETARY, S.A. ABDUL KHAYOOM.

          BY ADVS.
          K.A.JALEEL
          SRI.C.Y.VINOD KUMAR



RESPONDENTS:

    1     THE STATE OF KERALA,
          REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME
          DEPARTMENT, SECRETARIAT, TRIVANDRUM - 695 001.

    2     DEPUTY SUPERINTENDENT OF POLICE,
          IRINJALAKKUDA, THRISSUR DISTRICT - 679 335.

    3     CIRCLE INSPECTOR OF POLICE,
          KODUNGALLUR POLICE STATION, KODUNGALLUR, THRISSUR - 680
          664.

    4     KERALA STATE WAKF BOARD,
          REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, NEAR
          INTERNATIONAL STADIUM, VIP ROAD, KALOOR, ERNAKULAM -
          682 017.

    5     RAFEEK N.A.,
          AGED 38 YEARS
          S/O ABDUL RAHIM, NATTAVEERRIL HOUSE, CHERAMAN MALIK
          NAGAR, METHALA P.O., KODUNGALLUR, THRISSUR - 680 669.

    6     SAWAD P.S.,
          AGED 48 YEARS
          S/O SAITHU, PUZHANKARAYILLATH HOUSE, KODUNGALLUR P.O.,
          THRISSUR - 680 664.

    7     MUHAMMED RAFY,
          AGED 54 YEARS
          S/O KOCHU MUHAMMED, VETTATHY PARAMBIL HOUSE,
 WP(C) NO.29745/2019
                                 2

            KODUNGALLUR P.O., THRISSUR - 680 664.

    8       NASAR,
            AGED 54 YEARS
            S/O ABDUL GAFOOR, PADIYATH HOUSE, KOTTAPPURAM
            P.O., KODUNGALLUR, THRISSUR - 680 667.

    9       ANWAR K.S.,
            AGED 41 YEARS
            S/O SAITHU MUHAMMED, KARAYIL HOUSE, ELTHURUTHU
            P.O., KODUNGALLUR, THRISSUR - 680 664.

   10       ABDUL GAFOOR P.A.
            AGED 53 YEARS
            S/O ABDUL KHADER, PADINJARE VEETTIL, METHALA
            P.O., KODUNGALLUR, THRISSUR - 680 669.

   11       THE DIRECTOR,
            ARCHEOLOGICAL DEPARTMENT, SUNDARAVILASAM
            KOTTARAM, TRIVANDRUM- 695023. (ADDITIONAL 11TH
            RESPONDENT IS IMPLEADED AS PER THE ORDER DATED
            20.12.2019 IN I.A.NO.01 OF 2019).

            BY ADVS.
            SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD
            SRI.G.SREEKUMAR (CHELUR)
            SRI.K.MUHAMMED THOYYIB

            SMT.REKHA C. NAIR, SENIOR GP




     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   05.08.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.29745/2019
                                           3




                 P.V.KUNHIKRISHNAN, J
           -------------------------------
               W.P.(C)No.29745 of 2019
          --------------------------------
        Dated this the 5th day of August 2021


                               JUDGMENT

The above Writ petition is filed with

following prayers:

"i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 2 & 3 to grant adequate and sufficient Police protection to the petitioner Mahallu Committee for conducting the inaugural function of the renovation and construction work of the heritage portion of the Masjid by the Hon'ble Governor of Kerala, which is scheduled to be held on 10.11.19 without any threat, interference or obstruction by the respondents 5 to 10 and their henchmen;

ii) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 2 & 3 to grant adequate and sufficient Police protection to the petitioner Mahallu Committee for carrying out renovation and construction works as per Exbt.P5 building permit without any threat, interference or obstruction by the respondents 5 to 10 and WP(C) NO.29745/2019

their henchmen;

iii) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 2 & 3 to consider and dispose of exhibit P9 and P10 petitions filed by the petitioner by granting adequate and sufficient police protection to the petitioner without any threat or interference by the respondents 5 to 10 and their henchmen for conducting the inaugural function and carrying out construction works.

iv) Grant such other and further relief as this Hon'ble Court deems fit and proper to grant in the facts and circumstances of this case."

2. When this writ petition came up for

consideration on 13.01.2020, this Court passed the

following order:

"The learned Government Pleader submitted that the Cheraman Juma Masjid, Kodungallur, is not a protected monument. The petitioner seeks police protection for the purpose of repairing, renovation and additional construction. The party respondents raised an objection to the above. They state that there is an original petition pending before the Division Bench challenging certain permissions granted to the petitioner.

2. The petitioner had obtained a permission for renovation from the District Collector, Thrissur. Ext.P3 is the said order dated 07.01.2019. The petitioner also WP(C) NO.29745/2019

had obtained such other permits from the local authority. In that view of the matter, the respondents 2 and 3 are directed to give adequate police protection to the petitioner for carrying out necessary works as permitted by the statutory authority as well as the District Collector without any threat, interference or obstruction from the party respondents."

3. Today, when the matter came up for

consideration, the learned counsel for the

petitioner submitted that the writ petition

pending before this Court is already dismissed by

the Division Bench and therefore the interim order

may be retained and the writ petition may be

disposed.

4. The learned counsel for the contesting

respondents also conceded that the writ petition

is dismissed. The learned counsel submitted that

the averments in the writ petition that there is

obstruction from the contesting respondents is

absolutely in-correct and only certain objections

were raised by the contesting respondents.

5. After hearing both sides, I think this

writ petition can be disposed retaining the WP(C) NO.29745/2019

interim order because admittedly the petitioner is

having the necessary permits from the statutory

authorities for carrying out the necessary work.

In the light of the above facts, this writ

petition is disposed retaining the interim order

dated 13.01.2020 with following further

directions:

(i) If there is any law and order

problem, the petitioner is free to approach the

Station House Officer concerned with a

complaint/representation.

(ii) If such a complaint/representation is

received, the Station House Officer will do the

needful to see that there is no law and order

problem.

Sd/-

P.V.KUNHIKRISHNAN JUDGE DM WP(C) NO.29745/2019

APPENDIX OF WP(C) 29745/2019

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE ORDER NO.

C2/1423/2018/D. DIS DATED 05-07-2018 ISSUED BY THE DISTRICT TOWN PLANNER.

EXHIBIT P2 TRUE COPY OF THE NO OBJECTION LETTER DATED 23-11-2018 ISSUED BY THE DIRECTOR IN CHARGE, ARCHEOLOGICAL DEPARTMENT, TRIVANDRUM.

EXHIBIT P3 TRUE COPY OF THE ORDER NO.

DCTSR/6851/2018/C8 DATED 07-01-2019 ISSUED BY THE DISTRICT COLLECTOR, THRISSUR.

EXHIBIT P4 TRUE COPY OF THE ORDER NO. A3/3096/CR DATED 15-02-2019 ISSUED BY THE DIVISIONAL WAKF OFFICER, THRISSUR.

EXHIBIT P5 TRUE COPY OF THE BUILDING PERMIT NO.

BA-459/13-14 M DATED 27-09-2019 ISSUED BY THE KODUNGALLUR MUNICIPALITY.

EXHIBIT P6 TRUE COPY OF THE FIRE CLEARANCE SAFETY FOR SITE NO. F-2940/19 DATED 07-09-2019 ISSUED BY REGIONAL FIRE OFFICER, FIRE & RESCUE SERVICES, PALAKKAD.

EXHIBIT P7 TRUE COPY OF THE ORDER DATED 09-10-2019 IN I.A.NO. 167/19 IN O.P.NO. 148/19 OF THE WAKF BOARD.

EXHIBIT P8 TRUE COPY OF THE ORDER DATED 21-10-2019 IN O.P. NO. 148/19 ISSUED BY THE CHIEF EXECUTIVE OFFICER, WAKF BOARD.

EXHIBIT P9 TRUE COPY OF THE PETITION DATED 01-11-

2019 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE PETITION DATED 02-11-

2019 SUBMITTED BY THE PETITIONER BEFORE WP(C) NO.29745/2019

THE 2ND RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE LETTER NO.PCB/TSR/GEN/99/2014 DATED 05.12.2019 ISSUED BY THE ENVIRONMENTAL ENGINEER OF KERALA STATE POLLUTION CONTROL BOARD,THRISSUR.

EXHIBIT P12 TRUE COPY OF THE LETTER NO.2770/C2/TDO/19 DATED 29.11.2019 ISSUED BY THE GEOLOGIST, THRISSUR.

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE