High Court Kerala High Court

Azhikode Muslim Jama Ath vs State Of Kerala on 17 February, 2009

Kerala High Court
Azhikode Muslim Jama Ath vs State Of Kerala on 17 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 3417 of 2009(F)


1. AZHIKODE MUSLIM JAMA ATH, A BODY
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. DIRECTOR GENERAL OF POLICE,

3. DEPUTY SUPERINTENDENT OF POLICE

4. CIRCLE INSPECTOR OF POLICE,

5. SUB INSPECTOR OF POLICE, NEDUMANGADU.

6. CHIEF EXECUTIVE OFFICER, KERLA

7. REVENUE DIVISIONAL OFFICER,

8. NAJEEB KHAN, S/O. PAREEDUKUNJU,

                For Petitioner  :SRI.R.S.KALKURA

                For Respondent  :SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD

The Hon'ble the Acting Chief Justice MR.J.B.KOSHY
The Hon'ble MR. Justice V.GIRI

 Dated :17/02/2009

 O R D E R
              J.B.KOSHY, Ag.C.J & V.GIRI, J.
                  -------------------------------
               W.P.(C).NO.3417 OF 2009 ()
                -----------------------------------
       Dated this the 17th day of February, 2009

                       J U D G M E N T

KOSHY,Ag.CJ.

This is a petition for police protection. It is the case of

the petitioner that the 8th respondent is trying to trespass and

reduce the property and police should grant protection to the

Wakf property as matter is covered by Ext.P6 order of the

Wakf Board, which is confirmed by the Wakf Tribunal. In

Ext.P6, there is a specific direction that if the respondent is

not removing the encroachment, matter shall be referred to

the Sub Divisional Magistrate for removing the respondent

with police assistance. Therefore, petitioner has to approach

the Sub Divisional Magistrate for removing the respondent

and if such a petition is filed, he shall take appropriate steps.

Petitioner filed Ext.P10 application before the Sub Divisional

Magistrate. In the above circumstances, the 7th respondent is

directed to take action on Ext.P10 according to law as

WPC.3417/09 2

expeditiously as possible and police is directed to see that law

and order is maintained. With the above directions, this writ

petition is disposed of.

J.B.KOSHY
ACTING CHIEF JUSTICE

V.GIRI
JUDGE

prp

J.B.KOSHY & THOMAS P. JOSEPH, JJ.

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M.F.A.NO. OF 2006 ()

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J U D G M E N T

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6th November, 2008