K.Liyakathali v. The Superintendent Of Police

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 12TH DAY OF JUNE 2015/22ND JYAISHTA, 1937 WP(C).No.17635 of 2015 (D) --------------------------------------- PETITIONER:

------------------- K.LIYAKKATHALI,S/O.HAIDRU,AGED 48 YEARS, CHEDAKUTHU HOUSE,POST PALLIKKAL, MALAPPURAM DISTRICT,PIN-673 634.

BY ADV.SRI.R.RAMADAS RESPONDENT'S:

------------------------ 1.

THE SUPERINTENDENT OF POLICE, MALAPPURAM,PIN-676 505.

2.

THE SUB INSPECTOR OF POLICE, THENHIPALAM,MALAPPURAM,PIN-673 636.

3.

THE REVENUE DIVISIONAL OFFICER, TIRUR,MALAPPURAM DISTRICT,PIN-676 101.

4.

ABDUL LATHEEF C.K,S/O.MAMMAD MOYI, AGED 42 YEARS,KURUKKULATH HOUSE, P.O.PALLIKKAL,MALAPPURAM DISTRICT, PIN-673 653.

5.

C.K.ABDUL MAJEED,AGED 55 YEARS, S/O.VEERAN,POOLAKKATHODI HOUSE, PALLIKKAL.P.O.,MALAPPURAM DISTRICT, PIN-673 653.

R1 TO R3 BY SRI.P.VIJAYARAGHAVAN (STATE ATTORNEY). THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.17635 of 2015 (D) --------------------------------------- APPENDIX PETITIONER'S EXHIBITS:

------------------------------------ P1TRUE COPY OF THE ORDER DATED 04.12.2014 U/S 146 (1) OF THE CR.P.C. ISSUED BY THE SUB DIVISIONAL MAGISTRATE.

P2TRUE COPY OF THE ORDER DATED 16.02.2015 OF THE KERALA STATE WAKF BOARD.

P3TRUE COPY OF THE REPRESENTATION DATED 07.06.2015 BEFORE THE 2ND RESPONDENT BY THE PETITIONER WITH ENGLISH TRANSLATION. RESPONDENT'S EXHIBITS:

NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE pk

ASHOK BHUSHAN, CJ & A.M. SHAFFIQUE, J.

================ W.P (C) No. 17635 of 2015 ================= Dated this, the 12th day of June, 2015

J U D G M E N T

Ashok Bhushan, CJ Heard the learned counsel for the petitioner and the learned State Attorney. No notice is being issued to respondents 4 and 5 in view of the judgment being passed.

2.

In this writ petition, petitioner has prayed for a direction to respondents 1 and 2 to provide necessary police protection for peaceful conduct of election to Pallikkal Bazaar Juma-ath Palli Mahal Committee, which is scheduled to take place on 14th of June, 2015. Petitioner's case is that election has been directed on the orders of the Kerala State Wakf Board. Petitioner apprehends disturbance at the instance of private respondents. 3.

Learned State Attorney submits that sufficient police protection shall be provided to ensure that no law and order situation arises and election is conducted peacefully.

W.P (C) No. 17635/15 -:2:- In the above view of the matter, we close the writ petition with the observation that police authorities shall ensure maintenance of law and order at the site of election scheduled to take place on 14th of June, 2015.

Sd/- ASHOK BHUSHAN, CHIEF JUSTICE Sd/- A.M. SHAFFIQUE, JUDGE Rp //True Copy// PS to Judge