Kerala High Court
Myloor Jama-Ath Mosque vs Abrar Juma Masjid
Author: Devan Ramachandran
Bench: Thottathil B.Radhakrishnan, Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN
&
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 5TH DAY OF DECEMBER 2016/14TH AGRAHAYANA, 1938
WP(C).No. 22994 of 2016 (Y)
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PETITIONER:
MYLOOR JAMA-ATH MOSQUE
MYLOORE KARA,VARAPETTY VILLAGE,
KOTHAMANGALAM TALUK,
REPRESENTED BY ITS MUTAWALLI,
A.M. ABDULKHADER, AGED 65 YEARS,
S/O. MUHAMMED BECK, AMALIPURATH HOUSE,
MYLOOR KARA,VARAPETTY VILLAGE,
KOTHAMANGALAM TALUK.
BY ADVS.SRI.P.V.BABY
SRI.A.N.SANTHOSH
RESPONDENTS:
1. ABRAR JUMA MASJID, MYLOOR KARA,
VARAPETTY VILLAGE, KOTHAMANGALAM TALUK,
REPRESENTED BY ITS SECRETARY M.M. SHAKEER,
S/O. MYTHEENPILLA, MACKANATTU HOUSE,
MYLOOR KARA, VARAPETTY VILLAGE,
KOTHAMANGALAM TALUK,
ERNAKULAM DISTRICT-686 691.
2. DEPUTY SUPERINTENDENT OF POLICE,
MOOVATTUPUZHA, ERNAKULAM DISTRICT-686 661.
3. SUB INSPECTOR OF POLICE,
POTHANICAD, ERNAKULAM DISTRICT-686661.
R1 BY ADV. SRI.ESM.KABEER
R2 & R3 BY SR. GOVT. PLEADER SRI.A.J.VARGHESE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-12-2016,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN WP(C).No. 22994 of 2016 (Y)
PETITIONER'S EXHIBITS:
EXT P1 TRUE PHOTO COPY OF THE PLAINT DATED 3.9.2014 IN O.S NO. 490/2014 FILED
BEFORE THE MUNSIFF'S COURT, MOOVATTUPUZHA.
EXT P2 TRUE PHOTO COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANT IN
THE MONTH OF MAY 2015 IN O.S. NO. 490/2014 BEFORE THE MUNSIFF'S COURT,
MOOVATTUPUZHA.
EXT P3 TRUE PHOTO COPY OF THE APPLICATION FOR INJUNCTION DATED 3.9.2014
ALONG WITH AFFIDAVIT FILED BY THE PETITIONER BEFORE THE MUNSIFF'S COURT,
MOOVATTUPUZHA IN O.S. NO. 490/2014
EXT P4 TRUE PHOTO COPY OF THE COUNTER AFFIDAVIT FILED BY THE DEFENDANT IN
THE MONTH OF SEPTEMBER 2014 BEFORE THE MUNSIFF'S COURT, MOOVATTUPUZHA
IN I.A. NO. 2902/2014 IN O.S. NO. 490/2014.
EXT P5 TRUE PHOTO COPY OF THE ORDER DATED 16.10.2014 IN I.A NO. 2902/2014 IN O.S
NO. 490/2014 OF THE MUNSIFF'S COURT, MOOVATTUPUZHA.
EXT P6 TRUE PHOTO COPY OF THE PETITION DATED 7.7.2016 SUBMITTED BY THE
PETITIONER BEFORE THE 2ND AND 3RD RESPONDENTS.
EXT. P7 A TRUE PHOTOCOPY OF THE REGISTER OF WAKF'S DATED 11.9.1963 ISSUED BY
THE WAKF BOARD, ERNAKULAM
EXT. P8 A TRUE PHOTOCOPY OF THE ORDER IN RP 444/2015 OM CRP 520/2013 DATED
30.06.2015
EXT. P9 A TRUE PHOTOCOPY OF THE COMMISSION REPORT DATED 19.9.2014 ALONG
WITH SKETCH SUBMITTED BY THE ADVOCATE COMMISSIONER IN OS 490/2014 BEFORE
THE MUNSIFF'S COURT, MOOVATTUPUZHA
EXT. P10 A TRUE PHOTOCOPY OF THE NOTICE DATED 11.08.2009 ISSUED IN
CONNECTION WITH THE FOUNDATION STONE CEREMONY OF MADRASSA ATTACHED
TO THE FIRST RESPONDENT MOSQUE
EXT. P11 PHOTOGRAPHS SHOWING THE INAUGURATION OF THE RESPONDENT
MADRASSA IN THE NEW BUILDING DATED 29.01.2012
EXT. P12 A TRUE PHOTOCOPY OF THE OWNERSHIP CERTIFICATE DATED 21.7.2016
ISSUED BY THE VARAPETTY GRAMA PANCHAYAT
EXT. P13 PHOTOGRAPHS SHOWING THE ELEVATION OF THE PETITIONER MOSQUE AND
THE OLD MADRASSA BUILDINGS INFRONT OF IT DATED 16.07.2016
EXT. P14 PHOTOGRAPHS SHOWING THE ELEVATION OF THE RESPONDENT MOSQUE
AND THE MADRASSA BUILDING DATED 16.07.2016
RESPONDENT'S EXHIBITS:
EXT.R1(a) TRUE COPY OF THE JUDGMENT IN CRP WAKF NO.520/2013 DATED 19.03.2015
EXT.R1(b) TRUE COPY OF THE CERTIFICATE
EXT.R1(c) TRUE COPY OF THE CERTIFICATE DATED 19.05.2008
EXT.R1(d) TRUE COPY OF THE COMMUNICATION ISSUED BY THE THEN MUTHAVALLY
DATED 15.01.2003 BEFORE THE KEARALA STATE WAKF BOARD
EXT.R1(e) TRUE COPY OF THE COMMUNICATION DATED 16.02.2002 FROM THE WAKF
BOARD TO THIS RESPONDENT
EXT.R1(f) TRUE COPY OF THE STATEMENT SHOWING THE INCOME AND EXPENDITURE
FOR THE YEAR 1990 TO 1991 DATED 20.03.2002
EXT. R1(g) TRUE COPY OF THE NOTICE ISSUED BY THE WAKF BOARD DATED 26.11.2015
EXT.R1(h) TRUE COPY OF THE COMMUNICATION TO THE WAKF BOARD REGARDING
INCOME AND EXPENDITURE OF THE YEAR 2014 TO 2015 DATED 07.01.2016
EXT. R1(h)(a) TRUE COPY OF THE INCOME AND EXPENDITURE OF THE YEAR 2014-15
EXT.R1(i) TRUE COPY OF THE PHOTOGRAPHS OF THE MADRASSA
/TRUE COPY/
P.S. TO JUDGE
Thottathil B. Radhakrishnan
&
Devan Ramachandran, JJ.
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W.P.(C)No.22994 of 2016 Y
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Dated this the 5th day of December, 2016
JUDGMENT
Thottathil B. Radhakrishnan, J.
Heard the learned counsel for the petitioner, the learned counsel for the first respondent and the learned Senior Government Pleader.
2. The first respondent is a Juma Masjid. The apprehension of the petitioner, which is described as a Jama-ath Mosque, is that in violation of Exhibit P5 order of status quo issued by the Munsiff's Court, Muvattupuzha in O.S.No.490/2014, the first respondent is likely to pull down the old Madrassa.
3. This writ petition was admitted on 08.07.2016 and an interim order was issued directing respondents 2 and 3 to ensure that Exhibit P5 order of status quo in O.S.No.490/2014 is not violated by the first respondent WPC 22994/16 2 or anybody acting under them, if the said order is still in force and if that suit is still pending before the Munisff's Court, Muvattupuzha.
4. In the aforesaid situation, all that is required is to make absolute the aforesaid interim order coextensive with availability of Exhibit P5 order of status quo. Therefore, the interim order granting protection is made absolute to be applicable so long as Exhibit P5 order of status quo is in force. This will also mean that if Exhibit P5 order of status quo continues till final termination of O.S.No.490/2014, the directions in this judgment will continue to operate till the disposal of that suit.
The writ petition is ordered accordingly without prejudice to the contentions before the civil court.
Thottathil B. Radhakrishnan, Judge Devan Ramachandran, Judge tkv