Kerala Naduvathul Mujahideen ... vs Station House Officer
2024 Latest Caselaw 26338 Ker

Kerala High Court

Kerala Naduvathul Mujahideen ... vs Station House Officer on 3 September, 2024

                                                   2024:KER:66857
WP(C) NO. 9235 OF 2021

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              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

              THE HONOURABLE MR.JUSTICE BASANT BALAJI

  TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946

                       WP(C) NO. 9235 OF 2021

PETITIONER:

          KERALA NADUVATHUL MUJAHIDEEN KOZHIKKODE
          REPRESENTED BY ITS GENERAL SECRETARY,
          MUHAMMED MADANI, S/O. MOIDEENKUTTY,
          AGED 74 YEARS,

          BY ADV KODOTH SREEDHARAN


RESPONDENT/S:

    1     STATION HOUSE OFFICER
          MANJESHWARAM POLICE STATION,
          KASARAGOD DISTRICT - 671 323.

    2     CIRCLE INSPECTOR OF POLICE,
          MANJESHWARAM, KASARAGOD DISTRICT- 671 323.

    3     SUPERINTENDENT OF POLICE,
          KASARAGOD- 671 121.

    4     STATE OF KERALA
          REPRESENTED BY SECRETARY,
          MINISTRY OF HOME AFFAIRS,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 1.

    5     ABDUL RAZACK
          S/O. IBRAHIM, MUSLIM, DRIVER,
          R/At KUNJATHUR PADAVU,
          KUNJATHUR POST AND VILLAGE,
          KASARAGOD - 671323.
                                                          2024:KER:66857
WP(C) NO. 9235 OF 2021

                                  2
     6       NOUSHAD MADA
             S/O. ABOOBACKER, MUSLIM, CANTEEN STAFF,
             R/At UDAYAWARA, MADA,
             KUNJATHUR VILLAGE AND POST,
             KASARAGOD DISTRICT - 671323.


             BY ADV.SRI. BIMAL K. NATH, SR.GP-R1-R4


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   03.09.2024,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                          2024:KER:66857
WP(C) NO. 9235 OF 2021

                                    3
                             JUDGMENT

This Writ Petition is filed by an association represented by

its Secretary for a writ of mandamus for adequate police protection to

the life of the petitioner's office bearers and their properties as

described in Exts.P1 and P2 and to conduct religious services in the

petitioner's property from the obstructions of respondents 5 and 6 and

their men.

2. On 13.04.2021, an interim order was passed by this

Court that if there is any law and order situation either from the

supporters of the petitioners or from the support of respondents 5 and

6, the Station House Officer will look into the same and take

appropriate steps. The Writ Petition was filed in the year 2021 and

the same was not moved till date.

Therefore, the Writ petition is closed with liberty to the

petitioner to approach the official respondents, if there is any threat

from respondents 5 and 6 or their men.

Sd/-

BASANT BALAJI JUDGE SPV 2024:KER:66857 WP(C) NO. 9235 OF 2021

APPENDIX OF WP(C) 9235/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE SALE DEED NO. 576/2005 DATED 16.11.2005.

EXHIBIT P2 TRUE COPY OF THE SALE DEED NO.5641/2010 DATED 9.12.2010.

EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 22.03.2021 BEFORE THE 1ST RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 25.03.2021 BEFORE THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 25.03.2021 BEFORE THE 3RD RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 02.04.2021 BEFORE THE 3RD RESPONDENT.