C.P.Muhammed Master vs Vellakkadan Muhammed Haji on 2 August, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 31538 of 2009(J)


1. C.P.MUHAMMED MASTER,KANNAMANGALAM WEST
                      ...  Petitioner
2. NEYYAN MUHAMMED KUTTY HAJI,

                        Vs



1. VELLAKKADAN MUHAMMED HAJI,
                       ...       Respondent

2. ILLIKKADAN ALAVIKUTTY, S/O.MAMMUTTY HAJI

3. THE SUPERINTENDENT OF POLICE,

4. THE DEPUPTY SUPERINTENDENT OF POLICE,

5. THE CIRCLE INSPECTOR OF POLICE,

                For Petitioner  :SRI.HARISH R. MENON

                For Respondent  :SRI.R.RAMADAS

The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :02/08/2010

 O R D E R
                           K. M. JOSEPH &
                    M.L. JOSEPH FRANCIS, JJ.
              --------------------------------------------------
                  W.P(C). NO. 31538 OF 2009 J
             ---------------------------------------------------
                 Dated this the 2nd August, 2010

                              JUDGMENT

K.M. Joseph, J.

Prayers in the Writ Petition are as follows:

“(i) Issue a writ of mandamus or any other

appropriate writ, order or direction directing

respondents 3 to 5 to afford adequate police

protection to the petitioners for proceeding with the

construction/finishing work of the remaining

portion of the mosque building as directed in

Ext.P1 order in Karattalungal Juma-ath at

Kannamangalam West, Malappuram District from

the illegal obstruction and threat caused by

respondents 1 and 2 and their henchmen.

(ii) Declare that respondents 1 and 2 and

their men have no manner of right to interfere with

the construction/finishing work of the remaining

portion of the mosque building as directed in

Ext.P1 order in Karattalungal Juma-ath at

Kannamangalam West, Malappuram District.”

WPC.31538/09 J 2

2. We have heard the learned counsel for the petitioners,

learned counsel appearing on behalf of respondents 1 and 2 and

also the learned Government Pleader. It is not in dispute that

there are two Civil Revision Petitions and a Writ Petition

pending in this Court. Having regard to the facts of this case,

we leave it open to the petitioners to seek the relief sought by

them. The Writ Petition is closed without prejudice to the right

of the petitioners, if so advised, to approach this Court at a later

point of time.

Sd/=
K.M. JOSEPH,
JUDGE

Sd/=
M.L. JOSEPH FRANCIS,
JUDGE
kbk.

// True Copy //
PS to Judge