Kerala High Court
Cheruvatty Usman Haji vs Kottayam Mahallu Muslim Jama-Ath ... on 18 September, 2023
WP(C) No.19330/2023 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
Monday, the 18th day of September 2023 / 27th Bhadra, 1945
WP(C) NO. 19330 OF 2023(M)
PETITIONER:
CHERUVATTY USMAN HAJI, AGED 78 YEARS, S/O. SAIDALAVI (WRONGLY SHOWN
AS S/O KADER IN EARLIER PROCEEDINGS) MUTHAVALLY, GURIKKANMARAKATH
WAKF, PERAVUR AMSOM DESOM, MELMURIGODI PO, THALASSERY TALUK KANNUR
DISTRICT, PIN - 670643
RESPONDENT:
1. KOTTAYAM MAHALLU MUSLIM JAMA-ATH COMMITTEE, REPRESENTED BY ITS
PRESIDENT P.C. KASIM HAJI, S/O MAMOOTTY HAJI, KOTTAYAM AMSOM DESOM,
THALASSERRY TALUK, KANNUR DISTRICT, PIN - 670643
2. P.C.KASIM HAJI, PRESIDENT, KOTTAYAM MAHALLU MUSLIM JAMA-ATH
COMMITTEE S/O. MAMOOTTY HAJI, KOTTAYAM AMSOM DESOM, THALASSERRY
TALUK, KANNUR DISTRICT, PIN - 670643
3. M.R.NAUSHAD, AGED 45 YEARS, S/O. N.P.MAMMU, GENERAL SECRETARY
KOTTAYAM MAHALLU MUSLIM JAMA-ATH COMMITTEE MALLAATTI HOUSE, KOTTAYAM
ANGADI, THALASSERI TALUK, KANNUR DISTRICT PIN - 670643
4. SHAMEEM, AGE NOT KNOWN, S/O. C.C. MAMMU, KOTTAYAM MAHALLU MUSLIM
JAMA-ATH COMMITTEE KOTTAYAM ANGADI, THALASSERI TALUK, KANNUR
DISTRICT, PIN - 670643
5. SIRAJ, AGE NOT KNOWN, S/O. BAPPUTTY, KOTTAYAM MAHALLU MUSLIM JAMA-
ATH COMMITTEE KOTTAYAM ANGADI, THALASSERI TALUK, KANNUR DISTRICT,
PIN - 670643
6. SUMINAS, AGE NOT KNOWN, S/O. KUNCHUMAYAN, KOTTAYAM MAHALLU MUSLIM
JAMA-ATH COMMITTEE KOTTAYAM ANGADI, THALASSERI TALUK, KANNUR
DISTRICT, PIN - 670643
7. ARIF .V.P, AGE NOT KNOWN, S/O. MAHAMOOD, KOTTAYAM MAHALLU MUSLIM
JAMA-ATH COMMITTEE KOTTAYAM ANGADI, THALASSERI TALUK, KANNUR
DISTRICT, PIN - 670643
8. SIDDHIQ, AGE NOT KNOWN, S/O. ALAKKOOL, KOTTAYAM MAHALLU MUSLIM JAMA-
ATH COMMITTEE KOTTAYAM ANGADI, THALASSERI TALUK, KANNUR DISTRICT,
PIN - 670643
9. BASHEER MUSLIYAR, AGE NOT KNOWN, FATHER'S NAME NOT KNOWN, KOTTAYAM
MAHALLU MUSLIM JAMA-ATH COMMITTEE KOTTAYAM ANGADI, THALASSERI TALUK,
KANNUR DISTRICT, PIN - 670643
10. MUHAMMED FAISY, AGE NOT KNOWN, FATHER'S NAME NOT KNOWN, KOTTAYAM
MAHALLU MUSLIM JAMA-ATH COMMITTEE KOTTAYAM ANGADI, THALASSERI TALUK,
KANNUR DISTRICT, PIN - 670643
11. THE KERALA STATE WAKF BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE
OFFICER VIP ROAD, KALOOR, KOCHI, PIN - 682017
12. THE DISTRICT POLICE CHIEF, KANNUR DISTRICT, TALAP, KANNUR, KERALA,
PIN - 670002
13. THE ASSISTANT COMMISSIONER OF POLICE KOOTHUPARAMBA, THALASSERY TALUK
KANNUR DISTRICT, PIN - 670643
WP(C) No.19330/2023 2/5
14. THE STATION HOUSE OFFICER, KOOTHUPARAMBA POLICE STATION
KOOTHUPARAMBA, KANNUR DISTRICT PIN - 670643
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondents 12 to 14 herein in the light of P10 &
Exhibit P14, to afford all necessary and effective police protection to
the petitioner, his office bearers and assistants working for the Wakf so
as to enable the petitioner to discharge his statutory functions as
muthawalli and manage the day-to-day affairs of the Gurikkanmarakath Wakf
, registered with the Kerala State Wakf Board as register no.519/RA,
pending the writ petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI. M.KRISHNAKUMAR Advocate for the petitioner, M/S. T.P.SAJID, SHIFA
LATHEEF, MUHAMMED HAROON A.N., K.P.MOHAMED SHAFI, HASHARURAHIMAN U.,
MOHEMED FAVAS, Advocates for the respondents 1 to 10, SRI. JAMSHEED HAFIZ
STANDING COUNSEL, for the 11th respondent and of GOVERNMENT PLEADER for
the respondents 12 to 14, the court passed the following:
WP(C) No.19330/2023 3/5
SATHISH NINAN, J.
==========================
W.P.(C.) No.19330 OF 2023
==========================
Dated this the 18th day of September, 2023
O R D E R
The interim relief claimed in the writ
petition reads thus,
"For the reasons stated in the writ petition it is
respectfully prayed that this Hon'ble Court may be pleased
to direct the respondents 12 to 14 herein in the light of
Ext.P10 & Exhibit P14 to afford all necessary and effective
police protection to the petitioner, his office bearers and
assistants working for the Wakf so as to enable the
petitioner to discharge his statutory functions as muthawalli
and manage the day-to-day affairs of the
Gurikkanmarakath Wakf, registered with the Kerala State
Wakf Board as register No.519/RA, pending the writ
petition."
The status of the petitioner as
'Muthavalli' cannot be disputed in the light of
Ext.P10 order of the Division Bench of this
Court in CRP(Wakf) No.55 of 2022. So long as
the status of the petitioner as 'Muthavalli'
continues, the petitioner is entitled for the
WP(C) No.19330/2023 4/5
WP(C) No.29324 OF 2023
protection as claimed.
In the light thereof, there will be an
interim direction, as sought for.
Sd/-
SATHISH NINAN
JUDGE
NB/18-9
18-09-2023 /True Copy/ Assistant Registrar
WP(C) No.19330/2023 5/5
APPENDIX OF WP(C) 19330/2023
EXHIBIT P10 TRUE COPY OF THE ORDER DATED 8-02-2023 IN CRP (WAKF)
NO.55/2022
EXHIBIT P12 TRUE COPY OF THE ORDER DATED 15-02-2016 IN RP
NO.111/2016 ON THE FILES OF THE HIGH COURT OF KERALA.
EXHIBIT P13 TRUE COPY OF THE APPLICATION I.A.175/2023 FILED IN
FEBRUARY 2023 BEFORE THE WAKF TRIBUNAL,KOZHIKODE.
Exhibit P14 TRUE COPY OF THE JUDGMENT PASSED BY THE WAKF TRIBUNAL
KOZHIKODE IN WOS 44/2022 ON 17-04-2023
18-09-2023 /True Copy/ Assistant Registrar
