O K ABDULLAKUTTY MAKDOOMI Vs. STATE OF KERALA

JUDGEMENT

(1.) Under challenge in this revision petition is the order dated 14.06.2019 passed by the Sub Divisional Magistrate, Tirur, by which, the possession of the Khazi House, Thirurangadi and its keys were entrusted with the Tirurangadi Valiya Juma Ath Mosque Committee.

(2.) From the records made available, it appears that the Sub Inspector of Police, Thirurangadi Police Station, submitted a report on 04.12.2017 before the Executive Magistrate that there exists a dispute with regard to the post of Khazi, Thirurangadi between two groups. The petitioner claimed that he is the duly appointed Khazi. The other party contended that Sayed Irahim Ul Khalil Ul Bhukhari is the Khazi, who has been appointed in accordance with the provisions regulating the appointment. Both sides laid claim over the Khazi House and it was reported by the police officers that the dispute is likely to cause a breach of peace. Proceedings under Section 145 of the Cr.P.C. were initiated and notice was issued to both parties. On 23.03.2018, when the proceedings came up before the Executive Magistrate, the rival parties submitted that there exists no breach of peace. Being satisfied, the learned Sub Divisional Magistrate rejected the request of the Sub Inspector and refused to invoke his powers under Section 145 of the Cr.P.C.

(3.) While so, the petitioner herein approached this Court and filed W.P. (C) No.38661 of 2017 seeking police protection arraying the respondents 2 to 4 herein as respondents 6 to 8. He contended that the party respondents herein had trespassed into the Khazi House by breaking open its locks and that they had taken away certain important documents and valuables. Their Lordships of the Division Bench took note of the fact that the police had handed over the keys to the respondents herein. This Court in paragraph No.9 of the judgment directed the police to entrust the key with the Sub Divisional Magistrate and the learned Magistrate was directed to deal with the question of entitlement of either sides to be in possession of the Khazi House, in accordance with law. The police were ordered to maintain law and order.