VEILOOR MUSLIM PUTHEN PALLI JAMA ATH, VEILOOR P.O. Vs. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM

JUDGEMENT

(1.) Veiloor Muslim Puthen Palli Jama Ath represented by its Secretary and President, were before us seeking police protection against party respondents 5 to 14.

(2.) It is stated that the Jama Ath committee purchased some property as per Ext.P1 sale deed in 2013 executed by two persons, namely Walter Pereira and his wife Agnes Walter. They had got the property from Holy Cross Convent, Kottiyam, and a hospital was conducted in the building situated in the property. Petitioners effected mutation as per Ext.P2. Respondents 5 to 14, who are stated to be devotees of St.Augustine Church, Murukkumpuzha, objected the sale stating that the property could not be sold as it is dedicated to the Church. The resolution passed by the Sisters of Holy Cross Convent deciding to sell the property to the petitioners' predecessors-in-interest is Ext.P3. Aggrieved by the sale, respondents 5 to 14 formed an Action Council and filed a suit before the Munsiff's Court, Aattingal. As per Ext.P4 order, the plaint was returned for want of sufficient cause of action. Thereafter, respondent Nos.5 to 7 along with some other persons approached the Munsiff's Court, once again by filing OS No.90/2013 seeking a perpetual injunction against Holy Cross Convent Charitable Trust and Walter Pereira, one of the signatories to the Deed.

(3.) The petitioners herein were impleaded as additional defendants 3 to 5. They contested the suit. Since the prayer had already become infructuous, plaintiffs therein were not keen in prosecuting the suit. The second petitioner herein approached this Court with OP(C)No.2366/2017 for expeditious disposal of the aforesaid suit and there was a direction to the Munsiff, Aattingal as per Ext.P5 judgment, to dispose of the suit within six months. The plaintiffs in the suit did not appear for evidence and the suit was dismissed for default. Thereafter, party respondents 5 to 14 attempted to encroach the subject property by force and the petitioners filed OS No.298/2017 (Ext.P6) before the Munsiff's Court, Aattingal for a perpetual injunction and for other consequential reliefs. An interim injunction was also obtained in the suit, as per Ext.P7 order. As per Ext.P8, the interim injunction was extended until further orders. Party respondents also attempted to promote communal rift among the Christian and Muslim communities in the area. They attempted to trespass the property in violation of the Munsiff Court's order and to commit mischief. Due to the political clout of the party respondents, they were successful in rendering the police authorities indolent. Hence, no action was taken on the complaint filed by the petitioners. They, therefore, filed a complaint directly before the Judicial First Class Magistrate's Court, Aattingal and the same was forwarded to the fourth respondent and Ext.P9 FIR was registered. Despite having registered a crime against respondents 5 to 14, no effective action has been taken to proceed with the investigation of the case and encouraged by this indolence on the part of the police authorities, respondents 5 to 14 have openly proclaimed that they will install a 'cross' in the Jama Ath property at any cost. In view of this open challenge and threat by the party respondents, the petitioners had no other option but to approach this Court seeking a writ of mandamus directing the Police authorities to afford adequate and sufficient protection to the life and property of the petitioners from the highhanded and illegal activities of respondents 5 to 14.