BY AD v. R.SUDHISH

AP SALEEM MOHYUDHEEN AGED 60 YEARS, S/O ABUBACKER HAJI, AROTH HOUSE, KUTTIKKATTOOR PO, KOZHIKODE SECRETARY, KUTTIKKATTOOR MUSLIM JAMAATH 673 008 COMMITTEE, PIN – N K YOOSUF HAJI AGED 56 YEARS, S/O SEETHI, N K HOUSE, KUTTIKKATTOOR PO, KOZHIKODE, PIN KUTTIKKATTOOR MUSLIM JAMA-ATH COMMITTEE KUTTIKKATTOOR, KOZHIKODE REPRESENTED BY ITS 673 008 PRESIDENT SRI TM AHAMMED HAJI, PIN THE STATION HOUSE OFFICER MEDICAL COLLEGE POLICE STATION, MEDICAL COLLEGE, KOZHIKODE, PIN – DISTRICT POLICE CHIEF, KOZHIKODE OFFICE OF THE DISTRICT POLICE CHIEF, KOZHIKODE, PIN KERALA STATE WAQF BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, V.I.P ROAD, KALOOR, COCHIN-682 017. ADDL. R13 IS IMPLEADED AS PER ORDER DATED 18.01.2024 IN IA 4/2024 IN WP(C) 43230/2023. 673 008 673 004 – – W.A.No.418 of 2024 3 OTHER PRESENT: SR. GP. K.P.HARISH ADV. JAMSHEED HAFIZ FOR R6 SR. ADV. P.VISWANATHAN FOR R3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON

01.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A.No.418 of 2024 4 JUDGMENT Dated this the 1st day of April 2024 A.J. Desai, C.J. By way of the present appeal filed under section 5 of the Kerala High Court Act, 1958, the original petitioner has challenged judgment

06.02.2024 W.P.(C)No.43230 of 2023, by which the learned Single Judge has disposed of the writ petition by making the interim order dated 20.12.2023, granting the police protection to the life and property of the original petitioners and other office bearers of Kuttikkattor Muslim Jama-ath Committee, absolute.

2. The contention of the appellants before the learned Single Judge as well as this court is that, subsequent to the interim order dated 20.12.2023, the possession of the property in question was forcefully taken over by the original petitioners and against the same, a complaint has been filed.

3. The learned counsel for the appellants would submit that granting of perpetual police protection will come in the way of the appellants when proceedings are filed before the W.A.No.418 of 2024 5 concerned tribunal/civil court and the police authorities. He would submit that, when there is a dispute with regard to the possession and management of the properties, such perpetual relief ought not to have been granted by the learned Single Judge.

4. The learned counsel for the appellants tried to establish that the possession of the property was forcefully taken over by the original petitioners with police assistance, on the strength of the interim order passed by the learned Single Judge and requested to pass a mandatory order to hand over possession to the appellants.

5. On the other hand, the learned Senior Counsel appearing for the respondents/original petitioners denied the allegation. By taking us through paragraph 14 of the judgment, he would submit that the learned Single Judge, after perusing the documents, refused to have over possession, finding the claim of the appellants to be unsustainable. He would, therefore, submit that the appeal be dismissed.

6. We heard the learned Advocates appearing for the W.A.No.418 of 2024 6 respective parties and perused the counter affidavit filed by the present appellants before the learned Single Judge in the writ petition, alleging that the original petitioners had taken over possession of the property forcefully.

7. The order dated 20.12.2023, which came to be confirmed, reads as under: “The learned Government Pleader takes notice for respondents 1 and 2. Issue notice to respondents 3 to 12 by speed post. There will be an interim direction to respondents 1 and 2 to afford police protection to the life and property of the petitioners and other office bearers of the Kuttikkattor Muslim Jama-ath Committee for a period of one month.”

8. We are of the view that all these issues can be decided by the competent tribunal/civil court. We are also of the opinion that perpetual order granting police protection cannot be sustained. Therefore, we clarify the order dated

20.12.2023 as under; It would be open for the parties to raise all contentions about their right over the property in dispute, possession of the property, as well as the allegation about the forceful W.A.No.418 of 2024 7 taking over of possession before the concerned tribunal/civil court. The tribunal/civil court shall decide the case on its own merits and pass appropriate orders without being influenced by the grant of police protection in these proceedings. The writ appeal is disposed of as above. Pending interlocutory applications, if any, shall stand closed. Sd/- A.J. Desai Chief Justice Sd/- V.G. Arun Judge