Chengottur Muneerul Islam ... vs The District Police Chief/ ...
2023 Latest Caselaw 4678 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                    WP(C) NO. 13011 OF 2023
PETITIONER:

         CHENGOTTUR MUNEERUL ISLAM SANGHAM
         REG.NO.79/1973, CHENGOTTUR PO, VIA KOTTAKKAL,
         MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY
         KUNJALI, S/O AYAMU, PULLIYIL HOUSE,
         CHENGOTTUR PO, MALAPPURAM, PIN - 676503

         BY ADV R.RAMADAS


RESPONDENTS:

    1    THE DISTRICT POLICE CHIEF/
         SUPERINTENDENT OF POLICE
         OFFICE OF THE SUPERINTENDENT OF POLICE/
         DISTRICT POLICE CHIEF, MALAPPURAM, PIN - 676122

    2    THE STATION HOUSE OFFICE/
         CIRCLE INSPECTOR OF POLICE
         KOTTAKKAL POLICE STATION,
         KOTTAKKAL, MALAPPURAM, PIN - 676501

    3    THE SUB INSPECTOR OF POLICE
         KOTTAKKAL POLICE STATION,
         KOTTAKKAL, MALAPPURAM, PIN - 676501

    4    ADVOCATE N.M. MADHU
         ADVOCATE COMMISSIONER, HIGH COURT OF KERALA,
         ERNAKULAM (ADVOCATE COMMISSIONER APPOINTED AS PER
         JUDGMENT DATED 01.11.2019 IN W.P.(C)
         NO.25099/2019) CHAMBER NO.315, CHAMBER COMPLEX,
         NEAR HIGH COURT, ERNAKULAM, PIN - 682031
 WP(C) No.13011 of 2023



                            2


     5      KERALA STATE WAKF BOARD,
            REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
            VIP ROAD, KALOOR, KOCHI, PIN - 682017

            SRI.E.C. BINEESH, GP
            SRI.JAMSHEED HAFIZ, SC
            SRI.N.M. MADHU, ADVOCATE COMMISSIONER


     THIS WRIT PETITION (CIVIL) HAVING COME UP            FOR
ADMISSION ON 12.04.2023, THE COURT ON THE SAME            DAY
DELIVERED THE FOLLOWING:
 WP(C) No.13011 of 2023



                               3




                            JUDGMENT

Dated this the 12th day of April, 2023

Petitioner is the Chengottur Muneerul Islam Sangham,

represented by its Secretary. The petitioner is before this

Court seeking to command respondents 1 to 3 to provide

necessary police assistance to the 4th respondent, who is the

Advocate Commissioner appointed by this Court for the

peaceful conduct of election, as and when required by the

4th respondent.

2. From the pleadings, it is evident that this Court as

per Ext.P1 judgment in W.P.(C) No.25099 of 2019 has

appointed the 4th respondent as Advocate Commissioner for

conducting election to the petitioner-Sangham.

3. The petitioner would submit that there is likelihood

of law and order issues in the conduct of the election and WP(C) No.13011 of 2023

unless respondents 1 to 3 extend sufficient assistance and

protection, the Advocate Commissioner will not be able to

conduct the election peacefully.

4. I have heard the learned counsel for the petitioner,

the learned Government Pleader representing respondents 1

to 3, the 4th respondent-Advocate Commissioner and the

learned Standing Counsel appearing for the

5th respondent.

5. Taking into consideration the fact that this Court

has considered the necessity of conducting an election to the

petitioner-Sangham and has appointed the 4 th respondent as

Advocate Commissioner as per judgment dated 01.11.2019 in

W.P.(C) No.25099 of 2019, it is incumbent upon respondents

1 to 3 to ensure that the election is being conducted

peacefully without any external obstruction or interference.

In view of the above, the writ petition is disposed of

directing that the respondents 2 and 3 shall extend adequate WP(C) No.13011 of 2023

protection for the conduct of election to the petitioner-

Sangham as and when the 4th respondent makes a request

for police assistance.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.13011 of 2023

APPENDIX OF WP(C) 13011/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 01.11.2019 IN W.P. (C) NO.25099/2019 Exhibit P2 TRUE COPY OF THE ORDER DATED 07.02.2023 IN W.P. (C) NO.25099/2019 Exhibit P3 TRUE COPY OF THE ELECTION NOTIFICATION ISSUED BY THE ADVOCATE COMMISSIONER DATED NIL Exhibit P4 TRUE COPY OF THE NOTICE DATED NIL PUBLISHED BY THE ADVOCATE COMMISSIONER