Shaji P.K vs The District Police Chief
2021 Latest Caselaw 17 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

     MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942

                      W.P.(C) No.27028 OF 2020(C)


PETITIONER:

               SHAJI P.K.,
               AGED 50 YEARS, S/O. ABDUL KAREEM,
               PALATHURUTHIPARAMBU,
               THAMMANAM P.O, ERNAKULAM-682 032.

               BY ADVS.
               SRI.C.Y.VINOD KUMAR
               SRI.C.ANILKUMAR (KALLESSERIL)

RESPONDENTS:

      1        THE DISTRICT POLICE CHIEF,
               COMMISSIONER OFFICE,
               PARK AVENUE ROAD,
               ERNAKULAM-682 011.

      2        SUB INSPECTOR OF POLICE,
               PALARIVATTOM POLICE STATION,
               PALARIVATTOM, ERNAKULAM-682 025.

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

      4        ILAFATHUL ISLAM SANGAM(PONNURUNNI JAMA-ATH),
               PALARIVATTOM P.O, ERNAKULAM-682 015
               REPRESENTED BY ITS SECRETARY.

      5        ABDUL SHUKKOOR,
               ADVOCATE,
               MOOLAYIL HOUSE,
               VAZHAKKALA, ERNAKULAM-682 030.

      6        NAVAS K.Y.,
               S/O.K.M. YUSUF,
               KULANGARA HOUSE,
               JUBILEE ROAD, THAMMANAM P.O,
               ERNAKULAM-682 032.
 W.P.(C) No.27028 OF 2020(C)
                                -2-


       R1&R2   SMT. A.C.VIDYA, GOVERNMENT PLEADER
       R3      BY ADV. SRI.SAIDALIKUTTY, STANDING COUNSEL
       R4      BY ADV. SRI.ESM.KABEER
       R5      BY ADV. SRI.BABU KARUKAPADATH
       R5      BY ADV. SMT.M.A.VAHEEDA BABU
       R5      BY ADV. SRI.E.M.ABDUL KHADER
       R5      BY ADV. SMT.ARYA RAGHUNATH
       R5      BY ADV. SMT.VAISAKHI V.
       R5      BY ADV. SRI.T.M.MUHAMMED MUSTHAQ
       R5      BY ADV. SRI.UNAIS K.P.
       R6      BY ADV. SRI.P.A.ABDUL JABBAR

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.27028 OF 2020(C)
                                 -3-



                              JUDGMENT

The petitioner, who is a member of the 4th respondent

Jama-ath, has filed this writ petition under Article 226 of the

Constitution of India, seeking a writ of mandamus commanding

the 2nd respondent to grant adequate and sufficient police

protection to conduct election to the Administrative Committee of

the 4th respondent Jama-ath without any threat, interference or

obstruction by the 6th respondent and his men. The petitioner has

also sought for a writ of mandamus commanding the 2 nd

respondent to grant adequate and sufficient police protection to

the life of the Returning Officer to conduct election, without any

threat, interference or obstruction by the 6 th respondent and his

men.

2. On 07.12.2020, when this writ petition came up for

admission, this Court issued notice before admission to the

respondents. The learned Government Pleader took notice for

respondents 1 and 2. The learned Standing Counsel took notice for

the 3rd respondent. Urgent notice by special messenger was

ordered to respondents 4 to 6.

3. On 22.12.2020, when this writ petition came up for W.P.(C) No.27028 OF 2020(C)

consideration, this Court passed the following order;

"I have heard Sri.C.Y.Vinod Kumar, the learned counsel appearing for the petitioner, Sri.T.K.Saidalikutty, the learned Standing Counsel appearing for the 3 rd respondent, Sri.E.S.M.Kabeer, the learned Counsel appearing for the 4 th respondent Jama-ath, Sri.E.M.Abdul Khader, the learned counsel appearing for the 5th respondent and Sri.P.Abdul Jabbar, the learned counsel appearing for the 6th respondent.

2. It is submitted by the 5 th respondent that he is the Returning Officer and he has already issued notice for the conduct of election on 27.12.2020. He would refer to Ext.P1 judgment of this Court and it is pointed out that this Court had observed that this is a fit case where the Wakf Board should supervise the election.

3. The counsel appearing for the 3rd respondent Board submits that the Waqf Board will be appointing an observer on 27.12.2020 to supervise the election.

In that view of the matter, as an interim measure, to ensure free and fair election, I direct respondents 1 and 2 to afford adequate protection to facilitate the conduct of the election to the Administrative Committee of the 4th respondent Jama-ath without any threat or obstruction from any quarters."

4. Today, when this writ petition was taken up for

consideration, it is submitted by the learned counsel for the

petitioner that the election to the Administrative Committee of the

4th respondent Jama-ath was conducted on 27.12.2020, on the W.P.(C) No.27028 OF 2020(C)

strength of the interim order dated 22.12.2020.

In such circumstances, recording the fact that the election to

the Administrative Committee of the 4th respondent Jama-ath has

already been conducted on 27.12.2020, on the strength of the

interim order dated 22.12.2020, this writ petition is disposed of.

Sd/-

ANIL K. NARENDRAN JUDGE bpr W.P.(C) No.27028 OF 2020(C)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 24.09.2020 IN W.P.(C) NO.12460/2020 OF THIS HON'BLE COURT.

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE LIST OF CANDIDATES DATED NIL.

EXHIBIT P3 TRUE COPY OF THE PETITION DATED 26.11.2020 SUBMITTED BY THE SECRETARY OF THE 4TH RESPONDENT JAMA-ATH BEFORE THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 25.11.2020 ISSUED BY THE 5TH RESPONDENT.

RESPONDENTS' EXHIBITS:

EXHIBIT R4(A) TRUE COPY OF THE ORDER ISSUED TO THE 5TH RESPONDENT DATED 16.01.2020.

EXHIBIT R4(B) TRUE COPY OF THE NOTICE DATED 23.01.2020 ISSUED BY THE RETURNING OFFICER.

EXHIBIT R4(C) TRUE COPY OF THE NOTICE DATED 22.06.2020 ISSUED BY THE RETURNING OFFICER.

EXHIBIT R4(D) TRUE COPY OF THE REPORT SUBMITTED BY THE 4TH RESPONDENT DATE 24-11-2020 TO THE RETURNING OFFICER.

EXHIBIT R4(E) TRUE COPY OF THE REPORT DATED 30.11.2020 SUBMITTED TO THE WAQF BOARD.

EXHIBIT R5(A) TRUE COPY OF THE ORDER DATED 16.01.2020 OF THE JAMAATH.

EXHIBIT R5(B) TRUE COPY OF THE NOTICE DATED 23.01.2020 ISSUED BY THE RETURNING OFFICER.

EXHIBIT R5(C) TRUE COPY OF THE LETTER DATED 20.10.2020 TO THE WAQF BOARD.

W.P.(C) No.27028 OF 2020(C)

EXHIBIT R5(D) TRUE COPY OF THE ELECTION NOTIFICATION DATED 18.11.2020.

EXHIBIT R5(E) TRUE COPY OF THE REPORT FROM THE JAMA-ATH 24.11.2020.

EXHIBIT R5(F) TRUE COPY OF THE REPORT SUBMITTED BEFORE THE WAQF BOARD DATED 30.11.2020.