C.P.Muhammed Ashraf v. Circle Inspector 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 TUESDAY, THE 13TH DAY OF OCTOBER 2015/21ST ASWINA, 1937 WP(C).No. 31191 of 2015 (Y) ---------------------------- PETITIONER(S):
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1. C.P.MUHAMMED ASHRAF, AGED 39 YEARS, S/O. SULAIMAN, CHERUPALLIKKAL HOUSE, CHERUPALLY, AMAYUR P.O, THRIKKALANGODE PANCHAYAT, MALAPPURAM DISTRICT , PIN - 676123.
2. P.MANSUR AHAMMED, AGED 31, S/O SAITHALAVI, PULIKKAL HOUSE, CHERUPALLY, AMAYUR P.O, THRIKKALANGODE PANCHAYAT, MALAPPURAM DISTRICT, PIN - 676123.
3. V.P. YOUNUS, AGED 25, S/O MAMMAD, VALIYAPEEDIKAKKAL HOUSE, CHERUPALLY, AMAYUR P.O, THRIKKALANGODE PANCHAYAT, MALAPPURAM DISTRICT , PIN - 676123.
BY ADVS.SRI.P.SHAIJAN JOSEPH SRI.K.K.AJI KUMAR RESPONDENT(S):
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1. CIRCLE INSPECTOR OF POLICE, VANDOOR, MALAPPURAM DISTRICT.
2. SUB INSPECTOR OF POLICE, EDAVANNA POLICE STATION, EDAVANNA, MALAPPURAM DISTRICT 676 128.
3. KUNJALANKUTTY SAKHAVI, (KHATHEEB OF KARAKUNNU CHERUPALLY MAHAL), S/O. MUHAMMED, OORSHAMANNU HOUSE, EDIVANNA P.O., KALLUNDA, AKAMBADAM, NILAMBOOR, MALAPPURAM DISTRICT - 679343.
4. UMMER, S/O VEERANKUTTY, NEDUNGADAN HOUSE, AMAYUR P.O., NEELANGOD, MALAPPURAM DISTRICT-676 123.
5. N.ABDUL MAJEED, (SECRETARY OF KARAKUNNU CHERUPALLY MAHAL), S/O MUHAMMED, NANNAMBRAKAVIL HOUSE, AMAYOOR P.O., NEELANGOD, MALAPPURAM DISTRICT - 676 123.
6. MARAKKAR, S/O UNNIMOYIN, KOTTAKODAN HOUSE, KARAKUNNU P.O., CHERUPALLY, MALAPPURAM DISTRICT - 676 123. R1& 2 BY SR.GOVERNMENT PLEADER SRI. C.R. SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 31191 of 2015 (Y) - 2 - PETITIONER'S EXHIBITS --------------------------------- EXHIBIT P1 - TRUE COPY OF COMPLAINT DATED 7.10.2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT AND ITS ENGLISH TRANSLATION. EXHIBIT P1(a) - TRUE COPY OF RECEIPT DATED 8.10.2015 ISSUED FROM EDAVANNA POLICE STATION FOR RECEIVING EXHIBIT P1 COMPLAINT AND ITS ENGLISH TRANSLATION.
RESPONDENT'S EXHIBITS ---------------------------------- NIL.
// TRUE COPY // P.A. TO JUDGE sou.
ASHOK BHUSHAN, CJ & A.M.SHAFFIQUE, J -------------------------------------------------------------- W.P(C). No. 31191 of 2015 --------------------------------------------------------------- Dated this the 13th day of October, 2015
JUDGMENT
Shaffique, J Petitioners have approached this Court alleging that respondents 3 to 6 are trying to preach wrong ideologies in the mosque and prevented petitioners from offering prayers at Cherupally Mahal. Though complaints were given to police in the matter, no action has been taken by the police and hence the petitioners approached this court seeking police protection.
2. Apart from averments made, the issue between the parties relates to the prayers being offered in a particular mosque. The issue in dispute is civil in nature, in which police cannot interfere and resolve the same. Police can interfere only if there is any law and order situation, which is not reflected in the writ petition.
In such circumstances, this court cannot issue any direction as prayed in the writ petition. Reserving the right of
W.P(C). No.31191/15 the petitioners to approach the civil court for appropriate relief the writ petition is closed.
Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M.SHAFFIQUE, JUDGE sou.
// True copy // P.A. To Judge