Sulaiman Kunju and Others vs State of Kerala and Others

K.M. Joseph, J.—Petitioners, 25 in number have approached this Court seeking the following reliefs:

"i) issue a writ of mandamus or other appropriate writ order or direction commanding the respondents 1 to 5 to afford adequate and effective police protection for life of the petitioners and the worshipers of Thattamala Muslim Jama�Ath Mosque for smooth functioning, offering peaceful prayers to the worshipers and restore peace tranquility in the Mosque without any obstruction or hindrance from 6th respondent and his henchmen or anybody.

ii) to issue a writ of mandamus or other appropriate writ order or direction commanding the respondents 1 to 5 to afford adequate and effective police protection for life of the petitioners and the worshipers of Thattamala Muslim Jama�Ath Mosque for smooth functioning, offering peaceful prayers to the worshipers and restore peace tranquility in the Mosque free from interferences without any obstruction or hindrance from 6th respondent and hishenchmen or anybody."

The further prayer is to declare that the 6th respondent and his henchmen have no manner of right to enter the premises of the Thattamala Muslim Jama-Ath and the Mosque and to interfere with the smooth functioning of the Mosque, offering peaceful prayers.

Briefly put, the case of the petitioners is as follows: Petitioners belong to Muslim Community. They are members and devotees of the Thattamala Muslim Jama-Ath. The 7th respondent is the elected Secretary. The earlier Jama-Ath Committee appointed the 6th respondent as the ''Imam''. The 7th respondent dismissed the 6th respondent from service of the Mosque on 3.3.2011. After dismissal of the 6th respondent he along with his henchmen about 52 unknown persons from Malappuram and Kannur resort to violence in the Mosque and are obstructing the peaceful performance of the worshipers including the petitioners. The 7th respondent and others filed civil suit before the Wakf Tribunal, Kollam against the 6th respondent. The 6th respondent and his henchmen were restrained from conducting any meeting and from obstructing the day to day affairs and worship of the Mosque. The same was confirmed by this Court in appeal. The 6th respondent and his henchmen are collecting offering from the Mosque, disturbing the peaceful atmosphere of the Mosque. The 6th respondent and his henchmen on many occasions continued un-Islamic practices, threatened worshipers and looted money from the worshipers. Petitioners filed Ext.P1 complaint and are before us.

We heard the learned counsel for the petitioners and learned counsel appearing on behalf of respondents 6 and 7. Learned counsel appearing on behalf of the petitioners would submit that the principal complaint which we should pursue relate to the obstructions to worship by the petitioners at the Mosque by the 6th respondent and about 40 to 50 persons from Malappuram and Kannur. Learned counsel for the 6th respondent would say that, actually, they are students studying ''Dhras'' (there are 38 students from all over Kerala). According to him, there is no obstruction to the right of worship by the petitioners at the Mosque. Learned Government Pleader also submits that there is no obstruction caused to the offering of prayer and that the problem arises when the ''kanikavanchi'' is opened. We record the submission on behalf of the 6th respondent that there will be no obstruction to the petitioners'' worship in the Mosque. In case petitioners complain of any obstruction by the 6th respondent or any of his people before the 4th respondent, the 4th respondent will look into it, and, after making enquiries if the complaint is found to be genuine, he will provide protection to the petitioners for the purpose of doing peaceful worship in the Mosque as against any obstruction from the 6th respondent or his men. As far as the other prayers are concerned, we are not inclined to consider the same. It is for the petitioners, if they are so advised, to work out their remedies in any other forum.

The Writ Petition (Civil) is disposed of as above.