High Court Kerala High Court

Shamsudheen vs The Superintendent Of Police on 11 November, 2010

Kerala High Court
Shamsudheen vs The Superintendent Of Police on 11 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 33724 of 2010(M)


1. SHAMSUDHEEN,
                      ...  Petitioner

                        Vs



1. THE SUPERINTENDENT OF POLICE,
                       ...       Respondent

2. THE CIRCLE INSPECTOR OF POLICE,

3. SUB INSPECTOR OF POLICE,

4. SIRAJUDHEEN, S/O.ASANARUPILLAI,

5. SIDHIQUE, S/O.ABDUL AZIZ,

6. ASHARAFF, S/O.SHOUKATH,

7. ABDULAZIZ, S/O.ALI UMMERKUNJU,

                For Petitioner  :SRI.SOORAJ T.ELENJICKAL

                For Respondent  :SRI.T.H.ABDUL AZEEZ

The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :11/11/2010

 O R D E R
              K.M.JOSEPH & M.C.HARI RANI, JJ.
        ------------------------------------------------------
                W.P.(C) No.33724 of 2010-M
           ----------------------------------------------
         Dated, this the 11th day of November, 2010

                         J U D G M E N T

K.M.Joseph, J.

Petitioner has approached this Court seeking the

following reliefs:

“i) to issue a writ of mandamus commanding the

respondents 1 to 3 to provide adequate and sufficient

police protection for the General Body meeting of the

Thattamala Muslim Jama-Ath Committee represented by

the petitioner which is scheduled on 12.11.2010 and

ensure peace, law and order in the locality.

ii) to issue a writ of mandamus directing the Ist

respondent to take appropriate action on Ext.P2

submitted by the petitioner in accordance with law and

see that no law and order situation is created in the

area.”

2. Briefly put, the case of the petitioner is as

follows: Petitioner is the Secretary of Thattamala Jama-Ath, a

registered organisation. There are complaints against the 9th

respondent. Removal of 9th respondent is sought. The

General Body was scheduled to be held on 5.11.2010 as

notified by the petitioner. Petitioner sought police protection

before the 2nd respondent vide Ext.P1. The meeting was

convened on 5.11.2010. But, since respondents 2 and 3 had

WPC No.33724/2010 -2-

not provided any safeguards, respondents 4 to 8 at the

instance of the 9th respondent brought some outside antisocial

elements inside the meeting hall and created a fearsome

atmosphere there. The General Body is now proposed to be

held on 12.11.2010. Petitioner filed representation seeking

protection.

3. A counter affidavit is filed by the party

respondents. In the counter affidavit it is inter alia stated that

order of injunction has been granted by the civil Court against

removal of any staff for ten days.

4. We heard the learned counsel for the

petitioner, learned counsel for the party respondents and also

the learned Government Pleader.

5. Of course, it is true that the 5th respondent is

one of the plaintiffs and the petitioner at whose instance the

interim injunction is granted. It is pointed out that the order is

obtained after the filing of the writ petition and notice is

received. Learned counsel for the party respondents points

out that the suit is filed on 10.11.2010 and there are other

plaintiffs apart from the 5th respondent in the suit. The fact of

the matter is now there is an order of injunction passed by the

civil Court for ten days. Learned counsel for the petitioner

WPC No.33724/2010 -3-

would point out that the injunction is only against removal and

meeting can go on. He would also submit that 300 members

requisitioned urgent meeting and there will be law and order

situation. We would not think that it will be a proper exercise

of jurisdiction to grant relief.

6 . Learned Government Pleader would submit that

there are disputes between the parties and police have made

necessary arrangements to avoid the law and order situation.

7. We do not think that the petitioner has made

out a case for granting protection in exercise of our extra

ordinary jurisdiction in the circumstances of the case. The

writ petition fails, and it is dismissed without prejudice to the

rights of the petitioner to seek remedies in appropriate

Court/forum.

(K.M.JOSEPH)
JUDGE.

(M.C.HARI RANI)
JUDGE.

MS