The Court disposed of a writ petition seeking police protection for an election to the Administrative Committee of a Jama-ath. The election was conducted on 27.12.2020 based on an interim order dated 22.12.2020 preventing obstruction by the 6th respondent, rendering the petition moot.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942
W.P.(C) No.27028 OF 2020(C)
PETITIONER:
SHAJI P.K., AGED 50 YEARS, S/O. ABDUL KAREEM, PALATHURUTHIPARAMBU, THAMMANAM P.O, ERNAKULAM-682 032.
BY ADVS. SRI.C.Y.VINOD KUMAR SRI.C.ANILKUMAR (KALLESSERIL)
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF, COMMISSIONER OFFICE, PARK AVENUE ROAD, ERNAKULAM–682 011.
2 SUB INSPECTOR OF POLICE, PALARIVATTOM POLICE STATION, PALARIVATTOM, ERNAKULAM-682 025.
4 ILAFATHUL ISLAM SANGAM(PONNURUNNI JAMA-ATH), PALARIVATTOM P.O, ERNAKULAM-682 015 REPRESENTED BY ITS SECRETARY.
6 NAVAS K.Y., S/O.K.M. YUSUF, KULANGARA HOUSE, JUBILEE ROAD, THAMMANAM P.O, ERNAKULAM–682 032.
W.P.(C) No.27028 OF 2020(C)
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| R1&R2 SMT | . A.C.VIDYA, GOVERNMENT PLEADER |
|---|---|
| R3 BY |
ADV. SRI.SAIDALIKUTTY, STANDING COUNSEL |
| R4 BY |
ADV. SRI.ESM.KABEER |
| R5 BY |
ADV. SRI.BABU KARUKAPADATH |
| R5 BY |
ADV. SMT.M.A.VAHEEDA BABU |
| R5 BY |
ADV. SRI.E.M.ABDUL KHADER |
| R5 BY |
ADV. SMT.ARYA RAGHUNATH |
| R5 BY |
ADV. SMT.VAISAKHI V. |
| R5 BY |
ADV. SRI.T.M.MUHAMMED MUSTHAQ |
| R5 BY |
ADV. SRI.UNAIS K.P. |
| R6 BY |
ADV. SRI.P.A.ABDUL JABBAR |
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner, who is a member of the 4th respondent Jama-ath, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 2nd respondent to grant adequate and sufficient police protection to conduct election to the Administrative Committee of the 4th respondent Jama-ath without any threat, interference or obstruction by the 6th respondent and his men. The petitioner has also sought for a writ of mandamus commanding the 2nd respondent to grant adequate and sufficient police protection to the life of the Returning Officer to conduct election, without any threat, interference or obstruction by the 6th respondent and his men.
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consideration, this Court passed the following order;
"I have heard Sri.C.Y.Vinod Kumar, the learned counsel appearing for the petitioner, Sri.T.K.Saidalikutty, the learned Standing Counsel appearing for the 3rd respondent, Sri.E.S.M.Kabeer, the learned Counsel appearing for the 4th respondent Jama-ath, Sri.E.M.Abdul Khader, the learned counsel appearing for the 5th respondent and Sri.P.Abdul Jabbar, the learned counsel appearing for the 6th respondent.
In that view of the matter, as an interim measure, to ensure free and fair election, I direct respondents 1 and 2 to afford adequate protection to facilitate the conduct of the election to the Administrative Committee of the 4th respondent Jama-ath without any threat or obstruction from any quarters."
consideration, it is submitted by the learned counsel for the petitioner that the election to the Administrative Committee of the 4th respondent Jama-ath was conducted on 27.12.2020, on the
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strength of the interim order dated 22.12.2020.
In such circumstances, recording the fact that the election to the Administrative Committee of the 4th respondent Jama-ath has already been conducted on 27.12.2020, on the strength of the interim order dated 22.12.2020, this writ petition is disposed of.
Sd/- ANIL K. NARENDRAN JUDGE
bpr
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 24.09.2020 IN W.P.(C) NO.12460/2020 OF THIS HON'BLE COURT.
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF THE LIST OF CANDIDATES DATED NIL. EXHIBIT P3 TRUE COPY OF THE PETITION DATED 26.11.2020 SUBMITTED BY THE SECRETARY OF THE 4TH RESPONDENT JAMA-ATH BEFORE THE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 25.11.2020 ISSUED BY THE 5TH RESPONDENT.
RESPONDENTS' EXHIBITS:
EXHIBIT R4(A) TRUE COPY OF THE ORDER ISSUED TO THE 5TH RESPONDENT DATED 16.01.2020.
EXHIBIT R4(B) TRUE COPY OF THE NOTICE DATED 23.01.2020 ISSUED BY THE RETURNING OFFICER. EXHIBIT R4(C) TRUE COPY OF THE NOTICE DATED 22.06.2020 ISSUED BY THE RETURNING OFFICER. EXHIBIT R4(D) TRUE COPY OF THE REPORT SUBMITTED BY THE 4TH RESPONDENT DATE 24-11-2020 TO THE RETURNING OFFICER.
EXHIBIT R4(E) TRUE COPY OF THE REPORT DATED 30.11.2020 SUBMITTED TO THE WAQF BOARD. EXHIBIT R5(A) TRUE COPY OF THE ORDER DATED 16.01.2020 OF THE JAMAATH. EXHIBIT R5(B) TRUE COPY OF THE NOTICE DATED 23.01.2020 ISSUED BY THE RETURNING OFFICER. EXHIBIT R5(C) TRUE COPY OF THE LETTER DATED 20.10.2020 TO THE WAQF BOARD.
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EXHIBIT R5(D) TRUE COPY OF THE ELECTION NOTIFICATION DATED 18.11.2020. EXHIBIT R5(E) TRUE COPY OF THE REPORT FROM THE JAMA-ATH 24.11.2020. EXHIBIT R5(F) TRUE COPY OF THE REPORT SUBMITTED BEFORE THE WAQF BOARD DATED 30.11.2020.
2 issues framed by the court
Whether the writ petition for police protection for conducting the election of the Administrative Committee of the 4th respondent Jama-ath requires further disposal after the election has been conduct
Whether the interim order dated 22.12.2020 requiring police protection was effective during the election conducted on 27.12.2020.
1 provisions across 1 enactments
Shaji P.K.
The District Police Chief
Sub Inspector of Police, Palarivattom
Kerala State Waqf Board
Ilafathul Islam Sangam (Ponnurunni Jama-ath)
Abdul Shukkoor
Anil K.Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
