Kerala High Court
Mohammed Hussian Alias Hussian Ashari vs State Of Kerala on 2 June, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:38428
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 2ND DAY OF JUNE 2025 / 12TH JYAISHTA, 1947
WP(C) NO. 17552 OF 2025
PETITIONER:
MOHAMMED HUSSIAN ALIAS HUSSIAN ASHARI
AGED 54 YEARS
S/O. LATE MUHAMMED, KOKKOTTIL HOUSE,
AMBALAPADI, KOLATHUR P.O.,
MALAPPURAM DISTRICT, PIN - 679338
BY ADVS.
SHRI.ABRAHAM P.GEORGE
SMT.M.SANTHY
SHRI.SANIL KUMAR S.
SMT.ANNA JEZITA DAVID
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY,
HOME DEPARTMENT, GOVERNMENT OF KERALA,
SECRETARIATE, THIRUVANANTHAPURAM, PIN - 69500
2 DIRECTOR GENERAL OF POLICE
KERALA POLICE HEADQUARTERS,
THIRUVANANTHAPURAM, PIN - 695010
3 SUPERINTENDENT OF POLICE
UPHILL, MALAPPURAM DISTRICT, PIN - 676505
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WP(C) No.17552 of 2025
2
4 DEPUTY SUPERINTENDENT OF POLICE
PERUNTHALMANNA, MALAPPURAM DISTRICT,
PIN - 676505
5 STATION HOUSE OFFICER
KOLATHUR POLICE STATION,
MALAPPURAM DISTRICT, PIN - 679338
6 MR. RAINKUTTY
AGED 65 YEARS
S/O KUNJALAVI HAJI, SECRETARY,
MASJID COMMITTEE, JALALIA JUMA MUSJID,
KOLATHUR, PERUNTHALMANNA,
MALAPPURAM DISTRICT, PIN - 679338
7 MAKANDAN SHARAFU, AGED 45 YEARS
S/O MARAKKAR, MAKANDAN HOUSE, KOLATHUR P.O.,
MALAPPURAM DISTRICT, PIN - 679338
8 KHASIM
S/O. HAVVA UMMA, PUTHUVAKKOOTHU VEEDU,
KOLATHUR P.O., MALAPPURAM DISTRICT,
PIN - 679338
BY ADVS.
SRI.V.JOHN SEBASTIAN RALPH
SRI.VISHNU CHANDRAN
SRI. RALPH RETI JOHN
SRI.GIRIDHAR KRISHNA KUMAR
SRI.ABDUL RASHEED
SMT.GEETHU T.A.
SMT.MARY GREESHMA
SMT.LIZ JOHNY
SMT.KRISHNAPRIYA SREEKUMAR
SRI.RAJEEV JYOTHISH GEORGE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 02.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) No.17552 of 2025
3
JUDGMENT
Dated this the 2nd day of June, 2025
The petitioner, a permanent resident of Malappuram
District, has filed this writ petition seeking police protection for
him and his family. The threat allegedly arises from a group of
individuals affiliated with the Jalalia Juma Masjid, Kolathur,
including its Secretary and his close associates, who have
allegedly assaulted and threatened the petitioner and his wife
due to the petitioner's whistleblowing activity.
2. The petitioner submitted Ext.P1
representation to the Chief Secretary of Kerala on 10.12.2024,
exposing the illegal encroachment of 2.29 Acres of
Government land by the governing body of the religious
institution. Based on this, the District Collector and Tahsildar
initiated steps to verify the complaint including a scheduled
land survey. In retaliation, the petitioner and his wife were
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subjected to violent attacks on 28.03.2025 and again on
12.04.2025, resulting in grievous injury.
3. Despite repeated complaints lodged with the
police and clear instructions from the District Collector to
provide protection, the police authorities failed to take any
action. This continued inaction has not only emboldened the
aggressors, but also placed the petitioner and his family in
grave and ongoing danger. The petitioner seeks to direct the
concerned police authorities to provide adequate protection to
him and his family.
4. Respondents 6 to 8 entered appearance and
resisted the writ petition. Respondents 6 to 8 submitted that
the allegations made by the petitioner in the writ petition are
false and incorrect. Respondents 6 to 8 denied the allegation
of unlawful trespassing. Visit of respondents 7 and 8 to the
petitioner's house was aimed at counselling him to avoid
stirring up issues within the community and to protect the
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sanctity of the religious faith.
5. The petitioner frequently misused the Right
To Information Act to harass ordinary citizens and engage in
illegal bribery under the pretext of legal activism. He engages
his wife to make false allegations as complaints to the public
officials.
6. The petitioner's claims are completely
unfounded, spurious and maliciously motivated, constituting a
deliberate attempt to defame and tarnish reputation of the
respondents. These fabricated accusations are intended
solely to harass and intimidate the respondents, rather than
serve any legitimate purpose, contended respondents 6 to 8.
7. I have heard the learned counsel for the
petitioner, the learned Government Pleader representing
respondents 1 to 5 and the learned counsel appearing for
respondents 6 to 8.
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8. From the pleadings, it is discernible that the
petitioner has made certain complaints alleging encroachment
of puramboke land by Jalalia Juma Masjid, Kolathur,
Perinthalmanna. According to the petitioner, annoyed by the
complaint made by the petitioner, the persons affiliated to the
said Juma Masjid, are obstructing and physically threatening
the petitioner.
9. When this matter came up for admission on
06.05.2025, this Court passed an interim order directing
respondents 4 and 5 to provide adequate police protection for
the lives of the petitioner and his family.
10. Going through the pleadings, I find that the
petitioner is facing threat from the members of Juma Masjid.
In the circumstances, the writ petition can be disposed of with
appropriate directions.
The writ petition is accordingly disposed of directing
the 5th respondent that if the petitioner brings to the notice of
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the 5th respondent any threat from the part of respondents 6 to
8 or anyone claiming under them, the 5th respondent shall look
into the matter and extend sufficient police protection to the
petitioner as is found necessary.
Sd/-
N.NAGARESH
JUDGE
spk
2025:KER:38428
APPENDIX OF WP(C) 17552/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE REPRESENTATION
DATED 10.12.2024
Exhibit P2 A TRUE COPY OF THE COMMUNICATION DATED
20/12/2024
Exhibit P3 A TRUE COPY OF THE RELEVANT
COMMUNICATION
Exhibit P4 A TRUE COPY OF THE COMPLAINT DATED
29.03.2025
Exhibit P5 A TRUE COPY OF THE COMPLAINT DATED
3/4/2025
Exhibit P5(a) THE RECEIPT DATED 03/04/2025 ISSUED
FROM DISTRICT POLICE OFFICE,
MALAPPURAM
Exhibit P6 A COPY OF THE REPRESENTATION DATED
03/04/25
Exhibit P6(a) A TRUE COPY OF THE DISTRICT
COLLECTOR'S COMMUNICATION DATED
03.04.2025
Exhibit P7 A TRUE COPY OF THE EMERGENCY
OUTPATIENT CARD DATED 13/04/25 ISSUED
FROM GOVERNMENT MEDICAL COLLEGE
KOZHIKODE
Exhibit P7(a) A COPY OF THE TRIAGE SHEET ISSUED BY
THE DEPARTMENT OF EMERGENCY MEDICINE
Exhibit P8 A TRUE COPY OF THE COMPLAINT DATED
18.04.2025 (SUBMITTED ON 19/04/25)
