KERALA NADUVATHUL MUJAHIDEEN Vs. CIRCLE INSPECTOR OF POLICE

JUDGEMENT

(1.) PETITIONERS have approached this Court seeking the following reliefs:

(2.) BRIEFLY put, the case of the petitioners is as follows: First petitioner is the Koottanpara Unit of Kerala Naduvathul Mujahidheen, a society registered under the Societies Registration Act, 1860. The Koottanpara Unit controlled a mosque - Salafi Juma Masjid and Islamic Centre which is situated in an extent of 6.25 cents of land in Re.Sy.No.373/2 of Amarambalam Village. Ext.P1 is produced as the title deed. Second petitioner is the President of the Koottanpara Unit. Ext.P1 series are produced as the basic tax receipts and possession certificates in respect of the said property. The first petitioner also owned and possessed an extent of 50 cents (20.23 ares) of land comprised in Sy.No.382/1A which is planted with rubber. Ext.P2 series are the copies of the title deed, basic tax receipt, possession certificates, Rubber Board Development Permit and Tapping Confirmation Certificate with regard to the said property. Thus, the petitioners are having absolute title and possession over the aforesaid properties. Petitioners planted rubber trees in the property covered by Ext.P2 since about seven years back. Now the rubber trees are grown up and became ripe for taking yield by tapping. In 2002, there arose a split in the Kerala Naduvathul Mujahideen and a minority faction headed by Shri Hussain Madavoor took an unauthorised decision to expel the officials of the organization and to grab the administration of the society by force. That dispute led to a litigation as OS.No.568/2002 before the Munsiff Court, Kozhikode and when the faction headed by Hussain Madavoor lost in the litigation, both before the trial court as well as before the lower appellate court, the matter was taken up before this Court in RSA.Nos.1279/10 and 1283/10. This Court also sustained the status and authority of the official wing of the organization headed by Shri A.P. Abdul Khader Moulavi and restrained Shri Hussain Madavoor from trespassing upon the office of the Kerala Naduvathul Mujahidheen and also restrained him from using the name and seal of Kerala Naduvathul Mujahidheen. The said controversy and factional rivalry spread in different local units also. It was in such background, respondents 5 to 9 belonging to Hussain Madavoor faction staked claim and control over the mosque and the properties covered by Exts.P1 and P2 documents by their muscle power. There is reference to two Suits pending before the Munsiff Court, Manjeri and it is stated that no interim orders are passed in the said Suits. It is stated that respondents 5 to 9 are taking advantage of muscle power and influence in police and they are threatening the petitioners that they will forcefully trespass into the property covered by Ext.P2 and that they will tap the rubber trees. They also openly proclaimed that they will not permit the petitioners or their workers to enter into the rubber plantation or tap rubber therefrom. Respondents 1 and 2, instead of extending protection to the petitioners and their workers in the matter of carrying out the rubber tapping in their property, are now continuously harassing the petitioners and are now threatening that they should not enter the rubber plantation or obstruct respondents 5 to 9 carrying on the tapping in the property. Alleging harassment by police and also alleging inaction on the part of the police in granting protection to the petitioners, they are before us.

(3.) THE case of the petitioners, as noticed from the brief statements of facts, is that the matter has already been decided by this Court in RSA.Nos.1279/10 and 1283/10. According to them, the first petitioner is in possession of fifty cents of land in Survey No.382/1A which is planted with rubber. It is also their case that respondents 1 and 2, instead of affording protection, are threatening the petitioners that they should not enter into the rubber plantation or obstruct respondents 5 to 9 from tapping the trees.