The Pallangod Muhyudheen ... vs The State Of Kerala
2023 Latest Caselaw 2173 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  FRIDAY, THE 10TH DAY OF FEBRUARY 2023 / 21ST MAGHA, 1944
                    WP(C) NO. 36594 OF 2022
PETITIONER:

         THE PALLANGOD MUHYUDHEEN JUMA-ATH PALLI
         JUMA-ATH COMMITTEE, PALLANGOD, URDOOR P. O.,
         KASARAGOD, 671543, REPRESENTED BY ITS PRESIDENT,
         M. YOOSEF, AGED 74 YEARS,
         S/O. LATE KUNHAMED, MORANGANAM HOUSE,
         PALLANGOD, URDOOR P. O., KASARAGOD : 671543.

         BY ADV ANN SUSAN GEORGE


RESPONDENTS:

    1    THE STATE OF KERALA
         REPRESENTED BY THE SECRETARY TO THE HOME
         DEPARTMENT, SECRETARIAT,
         THIRUVANANTHAPURAM, 695001.
    2    THE DISTRICT POLICE CHIEF,
         KASARAGOD, 671124.
    3    THE INSPECTOR OF POLICE,
         ADHUR POLICE STATION,
         KASARAGOD, 671543.
    4    THE STATION HOUSE OFFICER,
         ADHUR POLICE STATION,KASARAGOD, 671543.
    5    A. K. MOHAMED HAJI,
         S/O. KUNHIMAHIN HAJI, ADKAM HOUSE,
         PALLANGOD, URDOOR P. O.,
         KASARAGOD, 671543.
    6    N. A. AZEEZ,
         S/O. ABU, RAHMATH NAGAR,
         PALLANGOD, URDOOR P. O., KASARAGOD, 671543.
    7    P. K. HANEEFA HAJI,
         S/O. LATE KATHEEB POCKER, PUDHIYAMBALAM HOUSE,
         PALLANGOD, URDOOR P. O., KASARAGOD, 671543.
 WP(C) No.36594 of 2022



                            2


     8      SALAM BADAMA,
            S/O. LATE IBRAHIM, BADAMA HOUSE, PALLANGOD,
            URDOOR P. O., KASARAGOD, 671543.
     9      A. H. MOHAMED KUNHI,
            S/O. LATE HASSAINAR HAJI, KANHIRAM KADAR HOUSE,
            PALLANGOD, URDOOR P. O., KASARAGOD, 671543.
    10      SALAM C. A.,
            S/O. LATE ABDULLA MUSALIYAR C., ANADKAM HOUSE,
            PALLANGOD, URDOOR P. O., KASARAGOD, 671543.
    11      IYAS A. K.,
            S/O. A. K. MOHAMED HAJI, ADKAM HOUSE,
            PALLANGOD, URDOOR P. O., KASARAGOD, 671543.

            BY ADVS.
            P.V.ANOOP
            PHIJO PRADEESH PHILIP
            ANJU R S.
            NAVJYOTH S.
            RADHIKA V.R.
            ANTONY THOMAS
            SRI.E.C. BINEESH GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 10.02.2023, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
 WP(C) No.36594 of 2022



                              3


                           JUDGMENT

Dated this the 10th day of February, 2023

The petitioner approached this Court filing this writ

petition seeking to direct respondents 2 to 4 to afford

adequate and meaningful police protection to the life and

properties of the petitioner, from the party respondents and

their henchmen, for smooth and proper conduct of the

honouring function to the new "Kazi" of the Juma-ath,

Professor Alikutti Usthad, as fixed by the Juma-ath Working

Committee on 19.11.2022 at 04.00 p.m. The petitioner has

also sought to command respondents 2 to 4 to afford police

protection to the life and properties of the petitioner, from the

party respondents and their henchmen.

2. The petitioner would submit that respondents 5 to

11, who are members of the Juma-ath, are obstructing the

conduct of the meeting of the Juma-ath, which proposes to WP(C) No.36594 of 2022

honour a "Kazi" on 19.11.2022. Though the petitioner

approached the 4th respondent-Station House Officer seeking

protection from the obstructions that may be made by

respondents 5 to 11, the 4th respondent has refused to grant

protection. It is in such circumstances that the petitioner is

before this Court.

3. Counsel for respondents 5 to 11 submitted that the

tenure of the present Managing Committee has already

expired and the present Committee has no right to appoint a

new "Kazi". Under the guise of police protection, an

incompetent Committee is going to make appointment of

"Kazi". Counsel for respondents 5 to 11 further submitted that

the continuance of the present Managing Committee is illegal

and certain alleged misappropriations made by the Committee

are pending consideration before the Waqf Board.

4. The counsel for the petitioner would vehemently

deny the allegations made by the counsel for respondents 5 to WP(C) No.36594 of 2022

11. An Auditor has already been appointed as per Ext.P11, to

look into the accounts, contended the counsel for the

petitioner.

5. Counsel for respondents 5 to 11 would submit that

a new election has to be conducted to the Managing

Committee and only a new Managing Committee can

administer the Juma-ath activities.

6. When this writ petition came up for hearing today,

the counsel for the petitioner submitted that an extension was

given to the present Committee by the General Body of the

Juma-ath as per Ext.P7 and therefore, tenure of the present

Committee is upto 19.02.2023. The petitioner will be holding

General Body Election of the Juma-ath before that date.

Respondents 5 to 11 can also participate in the General Body

Meeting for the election, provided they do not create any law

and order problems.

WP(C) No.36594 of 2022

7. Since the General Body Meeting, which was

scheduled to be held on 19.11.2022, is already over and since

the petitioner is proposing to hold a General Body Meeting for

election of a new Managing Committee and since the

petitioner has stated that respondents 5 to 11 can also

participate in the General Body Election, the writ petition is

disposed of with the following directions:-

(1) The petitioner shall conduct the General

Body Election before the expiry of the present tenure

of the Committee, as proposed.

(2) The petitioner shall permit respondents 5 to

11 to participate in the General Body Meeting.

(3) Respondents 3 and 4 shall give adequate

protection for the conduct of the General Body

Meeting, if a request is made by the petitioner-

Committee in that regard.

WP(C) No.36594 of 2022

(4) Respondents 5 to 11 undertake that they

will not create any law and order problems in the

General Body Meeting.

This judgment is solely for the purpose of conducting the

General Body Election of the Managing Committee and all

other claims, disputes and rights between the parties shall be

resolved in accordance with the due process of law.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.36594 of 2022

APPENDIX OF WP(C) 36594/2022

PETITIONER EXHIBITS Exhibit P1 THE COPY OF THE NOTICE DATED NIL TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE COMPLAINT DATED 08.11.2022 TO THE 2ND RESPONDENT.

Exhibit P3 THE COPY OF THE COMPLAINT DATED 08.11.2022 TO THE 3RD RESPONDENT Exhibit P4 THE COPY OF THE COMPLAINT DATED 08.11.2022 TO THE 4TH RESPONDENT.

Exhibit P5 THE COPY OF THE RECEIPT DATED 11.11.2022 ISSUED BY THE BAKEL SDPO Exhibit P6 THE COPY OF THE RECEIPT DATED 08.11.2022 ISSUED BY R RESPONDENT EXHIBITS Exhibit R5(a) TRUE COPY OF THE BYLAW OF THE MAHAL COMMITTEE Exhibit R5(b) TRUE COPY OF THE NOTICE DATED 16/11/2022 PETITIONER EXHIBITS Exhibit P7 TRUE COPY OF THE DECISION OF THE GENERAL BODY MEETING DATED 19/02/2022 Exhibit P8 TRUE COPY OF THE FIRST INFORMATION REPORT DATED 12/11/2022 ALONG WITH ALL SUPPORTING DOCUMENTS Exhibit P9 TRUE COPY OF THE REPORT DATED 23/11/2022 OF THE 4TH RESPONDENT Exhibit P10 TRUE COPY OF THE PETITION DATED NIL IN O.P 47/2022 ON THE FILES OFT HE KERALA STATE WAKF BOARD Exhibit P11 TRUE COPY OF THE ORDER DATED 11/05/2022 IN O.P 47/2022 ON THE FILES OF THE KERALA STATE WAKF BOARD Exhibit P12 TRUE COPY OF THE SUMMONS DATED 01/06/2022 IN O.P 47/2022 ON THE FILES OF THE KERALA STATE WAKF BOARD Exhibit P13 TRUE COPY OF THE AUDIT REPORT DATED 02/08/2022