Kerala High Court
Sakkeer M vs Sub Inspector Of Police on 6 September, 2024
2024:KER:68723
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
WP(C) NO. 7417 OF 2021
PETITIONER/S:
SAKKEER M
AGED 45 YEARS
S/O. MEERASAHIB, AVP HOUSE, THONNAKKAL P.O.,
THIRUVANANTHAPURAM-695317.
BY ADVS.
P.BABU KUMAR
SRI.P.YADHU KUMAR
SRI.VISHNU BABU
SHRI.MURALEEDHARAN A.
RESPONDENT/S:
1 SUB INSPECTOR OF POLICE
MANGALAPURAM POLICE STATION, MANGALAPURAM P.O.,
THIRUVANANTHAPURAM-695008.
2 DISTRICT POLICE CHIEF (RURAL),
VIKASBHAVAN, THIRUVANANTHAPURAM-695001.
3 MOOSA,
CHEMBUVILA HOUSE, PALLIPURAM P.O.,
THIRUVANANTHAPURAM-695316.
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WP(C) NO. 7417 OF 2021
-2-
4 NASEER,
S/O. ABDUL KAREEM, PANAYILPUTHENVEETTIL,
THONNAKKAL P.O., THIRUVANANTHAPURAM-695317.
5 *ADDL R5
THE STATION HOUSE OFFICER,
MANGALAPURAM POLICE STATION, MANGALAPURAM P.O,
THIRUVANANTHAPURAM-695 008
*IS IMPLEADED AS PER ORDER DATED 25-03-2021 IN IA
1/2021 IN WP(C) 7417/2021
BY ADV SRI.S.MOHAMMED AL RAFI
OTHER PRESENT:
SR GP SRI. BIMAL K. NATH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 7417 OF 2021
-3-
JUDGMENT
(Dated this the 6th day of September 2024)
The petitioner is the founder President of the Islahi
Centre, Mangalapuram, Thonnakkal. He has approached this
Court seeking police protection to conduct the prayers in the
mosque situated in Survey No.515/1-1 of Melthonnakkal Village,
Thiruvananthapuram Taluk.
2. The petitioner's case is that the above centre
was started in the year 2014, and permission was granted from
the Panchayat. The centre is owned by the Salafi set of
Muslims. Around 50 people are participating in the Friday
prayers. In 2020, a large scale renovation was done to the above
centre and at that time, a group led by the 3 rd respondent
unduly influenced by the 4th respondent and they have formed a
separate group under the control of the Wisdom group. They
tried to physically prevent the prayers and other religious
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WP(C) NO. 7417 OF 2021
functions. A complaint was filed before respondents 1 and 2.
Since the respondents did not take any action, the petitioner
approached this Court.
3. A counter affidavit is filed by respondents 3
and 4, wherein it is contended that the petitioner was the first
president of the Islahi Centre, Mangalapuram at the time of the
formation of the centre. The centre has less than 50 members
and only a few residents are regularly attending the prayers.
3.1 The members of the Islahi centre took initiative
for renovation of the mosque by spending more than Rs.6 lakhs.
After renovation of the mosque, the general body of the centre,
decided to convert the centre into a private trust. This was
objected by the petitioner. Therefore, the petitioner started
submitting false complaints. The petitioner filed a writ petition
as W.P.(C) No.6863 of 2021 seeking a direction not to effect
mutation of the property in the name of the private trust. The
said writ petition is still pending.
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WP(C) NO. 7417 OF 2021
4. The respondents 3 and 4 submit that they have
no objection against the petitioner in attending the prayers in
the mosque.
5. The learned Government Pleader, on
instructions, submits that there is no law and order situation as
of now.
Taking into consideration the averments in the counter
affidavit that they do not wish to obstruct the petitioner from
conducting prayers in the mosque, the writ petition is disposed
of.
Sd/-
BASANT BALAJI
JUDGE
JS
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WP(C) NO. 7417 OF 2021
APPENDIX OF WP(C) 7417/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE PHOTOCOPY OF THE COMPLAINT DATED
16.3.2021 SUBMITTED BEFORE THE 1ST
RESPONDENT AND ITS RECEIPT ISSUED FROM
THE OFFICE OF THE 1ST RESPONDENT DATED
17.3.2021.
EXHIBIT P2 TRUE PHOTOCOPY OF THE COMPLAINT DATED
16.3.2021 SUBMITTED BEFORE THE 2ND
RESPONDENT AND ITS RECEIPT ISSUED FROM
THE OFFICE OF THE 2ND RESPONDENT DATED
17.3.2021.
