Kerala High Court
C.P.Muhammed Master vs Vellakkadan Muhammed Haji on 2 August, 2010
Author: K.M. Joseph
Bench: K.M.Joseph, M.L.Joseph Francis
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.
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W.P(C). NO. 31538 OF 2009 J
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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