Kerala High Court
Mohammed Hussain vs The Station House Officer on 5 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 5TH DAY OF SEPTEMBER 2023 / 14TH BHADRA, 1945
W.P.(C) NO.25427 OF 2023
PETITIONER:
MOHAMMED HUSSAIN,
AGED 63 YEARS, S/O. KUNHI KOYA,
MUTTAWALLI, TALIKULAM JUMA MASJID (PO),
TALIKULAM, THRISSUR, PIN - 680569.
BY ADVS.
T.P.SAJID
SHIFA LATHEEF
K.P.MOHAMED SHAFI
SREESHMA B. CHANDRAN
MUHAMMED HAROON A.N.
K.M.SHANAVAS
HASHARURAHIMAN U.
MOHEMED FAVAS
RESPONDENTS:
1 THE STATION HOUSE OFFICER,
VALAPAD POLICE STATION, VALAPPAD,
THRISSUR DISTRICT, PIN - 680567.
2 SALEEM,
S.I. OF POLICE, VALAPPAD POLICE STATION,
VALAPPAD, THRISSUR DISTRICT, PIN - 680567.
3 THE DEPUTY SUPERINTENDENT OF POLICE,
OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
KODUNGALLUR, THRISSUR DISTRICT, PIN - 680664.
4 SHAMEER,
AGED 42 YEARS, S/O. ABDULLA,
ARAKAL VEETTIL,
P.O TALIKULAM, THRISSUR DISTRICT, PIN - 680569.
5 ASHRAF,
AGED 61 YEARS, S/O. KOCHUMUHAMMED,
PUTHIYAVEEDU, TALIKULAM, THRISSUR DISTRICT, PIN - 680569.
6 KABEER,
AGED 49 YEARS, S/O. AMU,
W.P.(C) No. 25427 of 2023
2
ARAVASHERI HOUSE,TALIKULAM, THRISSUR DISTRICT, PIN-680569.
7 IQBAL,
AGED 52 YEARS, S/O. KOCHUMON,
AMBALATH VEETTIL,
TALIKULAM, THRISSUR DISTRICT, PIN - 680569.
8 SAGHEER,
AGED 48 YEARS, S/O. ABDURAHMAN,
KADAMBOTT HOUSE,
TALIKULAM, THRISSUR DISTRICT, PIN - 680569.
9 SHIHAB,
AGED 35 YEARS, CHOOLUKARAN, NEAR ENICHODE,
PO TALIKULAM, THRISSUR DISTRICT, PIN - 680569.
10 ABDULAKUTTY,
AGED 65 YEARS, S/O. LATE ABOOBACKER,
AKATHE PEEDIKAYIL,
THALIKULAM, THRISSUR DISTRICT, PIN - 680569.
11 KERALA STATE WAKF BOARD
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
V.I.P. ROAD, KALOOR, ERNAKULAM DISTRICT, PIN - 682017.
*ADDL R12 MAHABOOB A.M.,
AGED 46 YEARS, S/O.MUHAMMED,
RESIDING AT ARAVASSESERY, NAMBIKKADAVU, AYINICHODU,
THALIKULAM, THRISSUR-680 569.
*ADDL R12 IS IMPLEADED AS PER ORDER DATED 5.9.2023 IN
I.A.NO.1 OF 2023.
BY ADVS.ABDUL LATHEEF T.M
R4-R10,R12
NITHIN A.R.(K/142/2023)
R1-R3&R11 SMT.VIDYA KURIAKOSE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No. 25427 of 2023
3
JUDGMENT
The petitioner is the Mutawalli of Juma Masjid Thrissur District. According
to him, he has appointed one Sri. Gazali Ahasani as Imam. The petitioner
states that respondents Nos.4 to 11 have raised objections to the appointment
of Sri. Gazali Ahasani as Imam, and they are obstructing the petitioner from
carrying out the functions of the mosque. The petitioner asserts that, in the
said circumstances, a representation was submitted before the 1st respondent
to extend adequate protection to the peaceful conduct of the activities in the
masjid. The petitioner complains that the request of the petitioner was not
properly considered. Instead, the 2nd respondent has joined hands with
respondents Nos. 4 to 10 and is toeing their line. In the said circumstances, the
petitioner approached the 3rd respondent and submitted Exhibit P5.
Complaining of inaction, the petitioner is before this Court seeking the following
relief:
To issue a writ of mandamus or any other appropriate writ or
order directing the 3rd respondent to provide adequate police
protection to the life of the petitioner against the threat of
respondent Nos.4 to 10 and their henchmen, especially on
Friday Juma prayer.
W.P.(C) No. 25427 of 2023
2. Here's a refined version with improved clarity and legal tone:
Respondents 5 to 10 have filed a counter affidavit. They state that they are
mahal members and beneficiaries of the mosque. They contend that the Imam
of the mosque is not a virtuous person and this prompted them to lodge Exhibit
R5A complaint before the petitioner. They contend that as mahal members,
they have the authority and responsibility to request the removal of the Imam.
Additionally, they submit that the police lack the jurisdiction to meddle in the
mosque's operations, and the authority of the police shouldn't be utilized to
suppress the concerns of the party respondents. They emphatically state their
lack of intent to either harm the petitioner or disrupt the mosque's operations.
3. The learned Government Pleader, on instructions, submitted that the
issue in this petition revolves around the operations of the Masjid, particularly
the appointment of an Imam, and involves disputes between the mahal
members and the Mutawalli. Upon receipt of the complaint from the petitioner,
efforts were made to mediate and resolve the disputes, but these efforts were
not fruitful. It is further stated that there is no situation warranting interference
by the police as there is no law and order issue. Nonetheless, if any complaint
is received of a potential law and order disruption, the police will step in and
W.P.(C) No. 25427 of 2023
act accordingly.
4. Sri T.P. Sajid, the learned counsel appearing for the petitioner,
reiterated the contentions in the petition. Sri T.M. Abdul Latheef, the learned
counsel appearing for the party respondents, submitted that there is no issue in
the mosque requiring interference by the police. It is submitted that the might
of the police cannot be used to intermeddle in the internal affairs of the
mosque. It is further submitted that the parties were summoned, and all
disputes have been resolved by conciliation.
5. From the submissions, it is apparent that the dispute between the
petitioner and the party respondents concerns with regard to the internal
functioning of the Mosque. The police have reported that there is no law and
order issue at the moment. The police cannot be asked to meddle in the
internal operations and functioning of the mosque. In that view of the matter, I
am of the opinion that this petition can be disposed of by issuing the following
directions:-
a. If the petitioner has any grievance with the actions of the party
respondents and if he feels that they are interfering with his rights as
W.P.(C) No. 25427 of 2023
Mutawalli, he must approach the appropriate forum and seek
redressal of his grievances.
b. However, if the petitioner apprehends any harm to himself at the
hands of the party respondents or if they take the law into their own
hands, it would be open to the petitioner to approach the 2nd
respondent, who shall ascertain the genuineness of the allegations,
and extend necessary and adequate protection to him.
Sd/-
RAJA VIJAYARAGHAVAN V.,
JUDGE
bpr
W.P.(C) No. 25427 of 2023
APPENDIX OF WP(C) 25427/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE RECEIPT DATED 22/6/2023
ISSUED BY THE 11TH RESPONDENT TO THE
PETITIONER
Exhibit P2 TRUE COPY OF THE NOTICE
Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 6/6/2023
SUBMITTED BY THE PETITIONER TO THE 1ST
RESPONDENT
Exhibit P4 TRUE COPY OF THE COMPLAINT DATED
21/7/2023 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT
Exhibit P5 TRUE COPY OF THE COMPLAINT DATED
26/7/2023 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT
RESPONDENTS' EXHIBITS
Exhibit R5A True copy of the complaint dated
29/5/2023 filed by mahal members before
the Muthawalli Thalikulam Juma Masjid
Exhibit R5B True copy of the reply dated 8/7/2023 of
Thalikulam Juma Masjid
Exhibit R5C True copy of the representation submitted
by the Thalikulam Mahallu Jamaath
Northern Emirates Committee UAE dated
22/7/2023
W.P.(C) No. 25427 of 2023
Exhibit R5D True copy of the representation submitted
by the Qatar Thalikulam Mahallu relief
committee
Exhibit R5E True copy of the representation submitted
by Thalikulam Mahallu Saudi Kootayma
Soudi Arabia
Exhibit R5F True copy of the complaint submitted
before the Divisional Office Thrissur
