Cheravally Muslim Jumath Represented ... vs The Station House Officer
2024 Latest Caselaw 14539 Ker

Kerala High Court

Cheravally Muslim Jumath Represented ... vs The Station House Officer on 31 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
                       WP(C) NO. 19178 OF 2024
PETITIONER:

            CHERAVALLY MUSLIM JUMATH REPRESENTED BY SECREATRY
            AYOOB KAKKONTHARAYIL, AGED 59 YEARS, S/O. MUHAMMED
            KUNJU, KAKKOUTHARAYIL VEEDU, CHERAVALLY, KAYAMKULAM,
            PIN - 690 502
            BY ADV A.SHAFEEK (KAYAMKULAM)


RESPONDENTS:

    1       THE STATION HOUSE OFFICER
            KAYAMKULAM POLICE STATION, KAYAMKULAM, PIN - 690 502
    2       ANIMON
            S/O. HANEEFA, THUNDAYYATH, CHERAVALLY, KAYAMKULAM,
            PIN - 690 502
    3       SHAJI
            S/O. ASSANARKUNJU, MATTAPPALLIL, CHERAVALLY, KAYAMKULAM
            PIN - 690 502
    4       SUBAIRKUTTY
            SHAJI MANZIL, CHERAVALLY, KAYAMKULAM, PIN - 690 502
    5       SADIQUE
            KIZHAKKEATTATHU, CHERAVALLY, KAYAMKULAM, PIN - 690 502
            BY ADVS.
            K.PAUL KURIAKOSE
            T.A.RAFEEK (CHERTHALA)(K/2699/1999)


OTHER PRESENT:

            SMT.REKHA C.NAIR, SR.GP., SRI.K.K.PAUL, FOR R2 TO R5



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No. 19178 of 2024
                                       2

                  DEVAN RAMACHANDRAN, J.
                = = = = = = = = = = = = =
                W.P.(C) No.19178 of 2024
           = = = = = = = = = = = = = = = = = =

            Dated, this the 31st day of May 2024


                                   JUDGMENT

The petitioner which is stated to be a

Jumath, says that the election to its Governing

Body is scheduled on 02.06.2024, but that they

apprehend that respondents 2 to 5 would cause

obstruction. They say that they have, therefore,

preferred Ext.P3 petition before the first

respondent, seeking protection, but which has

not been heeded to; thus constraining them to

approach this Court through this Writ Petition.

2. However, in response to the various

allegations and assertions made by the

petitioner in the pleadings and to the

submissions made as afore by their learned

counsel - Sri.Shafeek.A, the learned counsel for

respondents 2 to 5 - Sri.K.K.Paul, submitted

that every one of them are without basis and

that his clients do not intent to cause any

obstruction or intimidation to the conduct of

the elections, nor do they have any reason to do

so. He submitted that they do not even intent to

participate in the elections and therefore, that

the imputations made by the petitioner are

mischievous and intended for an oblique motive.

He therefore, reserved his clients' right to

proceed against the petitioner legally, if they

are so advised.

3. Smt.Rekha.C.Nair, learned Senior

Government Pleader, submitted that the Returning

Officer has already been appointed for the

elections, who will be afforded every

protection, as he requires, if he makes such an

application. She submitted that the petitioner

need not harbour any apprehension because,

should the Returning Officer seeks assistance of

the Police, it will be offered to him without

any delay.

3. The afore stand of the Police certainly

is the most apposite in the circumstances

because, the parties to an election cannot seek

protection as a matter of right, since it is

for the Returning Officer to do so. In the case

at hand there is no whisper that the Returning

Officer has done so yet; and am therefore of the

firm opinion that the suggestion made by

smt.Rekha.C.Nair, must be acceded to.

Therefore, in the above circumstances, I

record the afore submissions of Sri.K.K.Paul,

made on behalf of respondents 2 to 5; with a

consequential direction to the first respondent

to offer adequate and effective protection in

any manner that the Returning Officer of the

election would seek, through an application.

This shall be done immediately and without any

delay, however, ensuring, even without it, that

law and order be maintained in the area

continually.

Sd/-

DEVAN RAMACHANDRAN, JUDGE

SSG

APPENDIX OF WP(C) 19178/2024

PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE BYE-LAW OF THE ABOVE JUMATH Exhibit P2 TRUE COPY OF THE ELECTION NOTIFICATION DATED 6/5/2024 Exhibit P2(a) TRUE COPY ELECTION SCHEDULE DATED 7/5/2024 Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 7/5/2024 SUBMITTED BY THE PRESIDENT BEFORE THE 1ST RESPONDENT Exhibit P4 TRUE COPY OF THE RECEIPT DATED 17/5/2024 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT ACKNOWLEDGING THE RECEIPT OF EXT. P3 ON 17/5/2024