This writ petition sought police protection for the election of the Working Committee of a Mahallu Committee. The court recorded the submission that respondents would not obstruct the election and ordered action if any cognizable offence occurred. Petition dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.M.JOSEPH &
THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS
TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932
WP(C).No. 21722 of 2010(M)
PETITIONER(S):
BY ADV. SRI.K.I.ABDUL RASHEED SRI.K.A.SHAMSUDEEN SMT.SEEMA.E.GEORGE SRI.V.K.MEETHIANKUNJU
RESPONDENT(S):
W.P.(C).NO.21722 OF 2010 M
R1 TO R3 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS.
ADV. SRI.NISHIL.P.S. FOR R4&5
SRI.A.B.JALEEL FOR R4&5
R6 BY ADVOCATE SHRI A.A. ABUL HASSAN.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN W.P.(C).NO.21722 OF 2010 M
PETITIONERS' EXHIBITS:
EXT.P1TRUE COPY OF THE RELEVANT PAGES OF THE BYELAW. EXT.P2TRUE COPY OF THE JUDGMENT DATED 21.5.2010 IN W.P.(C).NO.14940/2010. EXT.P3TRUE COPY OF THE PETITION DATED 7.7.2010.
RESPONDENTS' EXHIBITS:
EXT.R4(A) PHOTO COPY OF THE PETITION NO.94/2009.
EXT.R4(B) PHOTO COPY OF REPRESENTATION DATED 22.01.2010 SUBMITTED BY THE MEMBERS OF THE MAHAL BEFORE THE R.D.O., OTTAPPALAM.
EXT.R4(C) PHOTOCOPY OF LETTER NO.L.DIS.B.440/10 DATED 22/01/2010.
// True Copy //
PS to Judge
K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ.
W.P(C). NO. 21722 OF 2010 M
Dated this the 20th July, 2010
JUDGMENT
K.M. Joseph, J.
Petitioners have approached this Court seeking police protection for themselves and also for the conduct of the election to the Working Committee of the first petitioner to be held on 25.07.2010.
First petitioner is a Mahallu Committee formed for the administration and well being of the Jama-ath-mosque, Madrasa and Khabarstan and also other movable and immovable properties coming within the jurisdiction of its area of operation. The Committee was elected on 25.01.2008. The term expired on 24.01.2010. The Committee convened a general body meeting. There was obstruction by respondents 4 and 5 and their men. Petitioners filed a Writ Petition for police protection,
WPC.21722/2010 M 2
culminating in Ext.P2 Judgment. It is stated that due to certain unforeseen reasons, the election could not be conducted on 23.05.2010 and it was scheduled to be held on 13.06.2010. It is stated that since the term of the present Committee has expired long back, the petitioners decided to convene a General Body Meeting again on 25.07.2010. But, apprehending that there will be obstruction from respondents 4 and 5, petitioners filed Ext.P3 petition. A Counter Affidavit is filed by respondents 4 and 5.
WPC.21722/2010 M
3
they will not physically obstruct the holding of the election on
25.07.2010. If the petitioners complain of commission of any
cognizable offence by respondents 4 and 5, appropriate action
will be taken in accordance with law.
Sd/= K.M. JOSEPH, JUDGE
kbk.
// True Copy //
PS to Judge
2 issues framed by the court
Whether police protection is necessary for the conduct of the election to the Working Committee of the Mahallu Committee.
Whether respondents 4 and 5 will physically obstruct the holding of the election.
Khuvathul Islam Mahallu Committee
T. Mohammed
State of Kerala
Sub Inspector of Police, Shornur
Deputy Superintendent of Police, Shornur
Aboobakar
K.M. Joseph
M.L. Joseph Francis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
