Darus - Salam Charitable And Religious ... vs The District Police Chief
2024 Latest Caselaw 33653 Ker

Kerala High Court

Darus - Salam Charitable And Religious ... vs The District Police Chief on 21 November, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                               2024:KER:87815


                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                       THE HONOURABLE MR.JUSTICE V.G.ARUN

         THURSDAY, THE 21ST DAY OF NOVEMBER 2024 / 30TH KARTHIKA, 1946

                             WP(C) NO. 33199 OF 2024


PETITIONERS:

     1         DARUS - SALAM CHARITABLE AND RELIGIOUS TRUST
               ERMANAGALATH HOUSE, ERIYAD POST, THRISSUR,
               REPRESENTED BY ITS VICE CHAIRMAN,
               MOHAMMED RASHEED, PIN - 680666

     2         MOHAMMED RASHEED
               AGED 60 YEARS
               S/O. ABOOBACKER, VICE CHAIRMAN,
               DARUS - SALAM CHARITABLE AND RELIGIOUS TRUST,
               ERMANAGALATH HOUSE, ERIYAD POST,
               THRISSUR, PIN - 680666


               BY ADVS.
               R.SUDHISH
               M.MANJU
               MITHUN P.
               MERIN THOMAS
               MOHAMED AMJAD K.M


RESPONDENTS:

     1         THE DISTRICT POLICE CHIEF
               THRISSUR DISTRICT, THRISSUR,
               PIN - 680665

     2         THE CIRCLE INSPECTOR OF POLICE/STATION HOUSE OFFICER
               MATHILAKAM POLICE STATION, KODUNGALLUR,
               THRISSUR, PIN - 680685

     3         ABDUL NASSER T.M.
               S/O. MUHAMMAD, THARUPEETHIKAIL HOUSE, NELPANI DESAM,
               PANANGAD VILLAGE, THRISSUR, PIN - 680665

     4         ABDUL REHMAN K.B.
               S/O. BAWA, KARUPUM HOUSE, NELPANI DESAM,
               PANANGAD
               VILLAGE, THRISSUR, PIN - 680665
 W.P.(C)No.33199 of 2024




                                                                 2024:KER:87815

                                         2


       5         NOUSHAD U.A.
                 S/O. ABDU, OOLAKAL HOUSE, NELPANI DESAM, PANANGAD VILLAGE,
                 THRISSUR, PIN - 680665

       6         SHAFIQ T.H.
                 S/O. HANIFA, HOUSE IN TARIPEETIKA, NELPANI DESAM, PANANGAD
                 VILLAGE, THRISSUR, PIN - 680665

       7         SIDDIQUE P.S.
                 S/O. SYEDU, PANAPARAMPIL HOUSE, NELPANI DESAM, PANANGAD
                 VILLAGE, THRISSUR, PIN - 680665

       8         SHARIF K.K.
                 S/O. KUNJU MOIDEEN, KARUPUPUM HOUSE, NELPANI DESAM, PANANGAD
                 VILLAGE, THRISSUR, PIN - 680665

       9         ADDL.R9. V.S THAJUDHEEN
                 S/O. SAIDU, AGED 58 YEARS, RESIDING AT VALIYAKATHU HOUSE,
                 PANNAGADU P.O, KODUNGALLOOR - 680 665
                 [IS IMPLEADED AS PER ORDER DATED 04.10.2024 IN I.A.1/2024 IN
                 WP(C)33199/2024].

                 BY ADVS.
                 AJITH VISWANATHAN, GOVERNMENT PLEADER
                 MOHAMMED SHAH
                 S.MOHAMMED AL RAFI
                 RENOY VINCENT(K/000580/2017)
                 SHAHIR SHOWKATH ALI(K/000584/2019)
                 CHELSON CHEMBARATHY(K/001483/2019)
                 ABEE SHEJIRIK FASLA N.K(K/345/2018)
                 NANDA SURENDRAN(K/1367/2020)
                 ADITH KRISHNAN.U.(K/001385/2023)
                 SHERIN SHERIYAR(K/4033/2023)
                 SAHAL SHAJAHAN(K/2560/2024)
                 THAJUNA MARIA FRANCIS
                 BAPPU GALIB SALAM


        THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.11.2024,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.33199 of 2024




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                                         3




                                  JUDGMENT

Dated this the 21st day of November, 2024

From the arguments advanced by the learned

Counsel for the petitioners, party respondents and

the learned Government Pleader, it has come out

that, with respect to the dispute, regarding which this

writ petition is filed, proceedings are pending before

the District Collector and as regards the right of

administration, a suit before the Waqf Tribunal and

proceedings before the Waqf Board are pending. In

such circumstances, it will be inappropriate for this

Court to consider the rival claims in a writ petition

under Article 226. Needless to say, till the

proceedings mentioned above are finalized, the Police

is bound to maintain law and order.

The writ petition is accordingly closed, by making

the interim order absolute, but subject to the

2024:KER:87815

outcome of the proceedings before the District

Collector, the Waqf Tribunal and the Waqf Board.

Sd/-

V.G.ARUN

JUDGE NB/21-11

2024:KER:87815

APPENDIX OF WP(C) 33199/2024

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PETITION SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT DATED 16.9.2024

EXHIBIT P2 TRUE COPY OF THE PETITION SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT DATED 16.9.2024

EXHIBIT P3 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED BY THE 2ND RESPONDENT DATED 18.9.2024

EXHIBIT P4 TRUE COPY OF THE TRUST DEED OF THE 1ST PETITIONER TRUST DATED 17.11.2022

EXHIBIT P5 TRUE COPY OF THE SETTLEMENT DEED EXECUTED BY THE PRESIDENT AND SECRETARY OF THE FORMER COMMITTEE DATED 23.12.2022

RESPONDENT EXHIBITS

EXHIBIT R9(a) TRUE COPY OF THE LETTER DATED 22/07/2024 ISSUED BY THE CHAIRMAN OF THE 1ST PETITIONER TRUST

EXHIBIT R9(b) TRUE COPY OF THE PETITION DATED 26/09/2024 FILED BY THE CURRENT PRESIDENT OF THE MASJID AGAINST THIS CRIME BEFORE MATHILAKAM POLICE STATION

EXHIBIT R9(c) TRUE COPY OF THE REPRESENTATION DATED 28/09/2024 SUBMITTED BEFORE DISTRICT COLLECTOR, THRISSUR

EXHIBIT R9(d) TRUE COPY OF THE REPRESENTATION DATED NIL SUBMITTED BEFORE STATION HOUSE OFFICER, MATHILAKAM

TRUE COPY

P.A. TO JUDGE