MUHAMMED KUNJU S. Vs. STATE OF KERALA

JUDGEMENT

(1.) This Court had in Crl.M.C No.6933/2018 vide order dated 10.01.2019 at Annexure A18 directed the Sub Divisional Magistrate, Thiruvananthapuram to consider its jurisdiction under Section 145 of Cr.P.C to entertain the dispute between the litigating parties as a preliminary issue. But vide order at Annexure A19 dated 30.10.2019, even though it is specifically stated and referred that the Hon'ble High Court has directed the Sub Divisional Magistrate to consider the question of jurisdiction as the preliminary issue, there is no specific answer provided to that issue, and the impugned order is passed directing the parties to maintain status quo till the ownership of the land under dispute is decided by the competent civil court. The Jama-Ath which is admittedly in possession of the property is also restrained from undertaking any kind of construction, demolition and reconstruction of the existing building or structure in the disputed property.

(2.) A report was called from the Sub Divisional Magistrate regarding the compliance of the order of this Court regarding herein the question of jurisdiction as a preliminary issue and in that report it is stated that, there is a likelihood of communal riot and breach of peace in the area and in the light of that, an order under Section 145 of Cr.P.C was passed.

(3.) On going through the impugned order, I find that, nothing had been decided on the question of jurisdiction and therefore, the impugned order at Annexure A19 has to be set aside on that ground alone. The Sub Divisional Magistrate is hereby directed to consider the matter afresh, and specifically answer the question of jurisdiction under Section 145 Cr.P.C in the light of the decisions of the Hon'ble Supreme Court in Ram Sumer Puri Mahant v. State of U.P , [1985 KHC 774], Ashok Kumar v. State of Uttarakhand and Others, [2012 KHC 4741], and Devandas v. State of M.P , [1988 KHC 696], and also the orders passed by the civil court in the litigations pending between the parties to determine whether there is sufficient jurisdiction for the Sub Divisional Magistrate to pass an order under Section 145 Cr.P.C. Any injunction regarding the proceedings for the construction shall be on the basis of the orders passed by the civil court. The order of this Court shall be complied within a period of three weeks from receipt of this order.