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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH
Ayoob, S/O Shamsudheen – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. religious rights and mosque management (Para 1 , 2 , 3 , 4) |
| 2. authority of the jama-ath and local governance (Para 5 , 6) |
| 3. role of waqf board in disputes (Para 7 , 8 , 10 , 11) |
| 4. protection of religious practices. (Para 9) |
| 5. interim orders and jurisdictional issues (Para 12 , 13) |
JUDGMENT :
N.NAGARESH, J.
The petitioners, who are persons belonging to Kongal at Paravur, Kollam, have filed this writ petition seeking to command respondents 2, 5 and 6 to afford adequate police protection to the life and property of the petitioners enabling them to attend the Juma prayers and other religious activities in the Town Mosque at Chillakkal.
2. The Chillakkal Muslim Jama-ath originally had a Mosque near seashore. The petitioners state that the Jama-ath constructed another Mosque in the town near the Main Road. The prayers were conducted in both the Mosques. The present Jama-ath Committee decided to hold the prayers in the Old Mosque alone. The petitioners would submit that the decision of the present Jama-ath is illegal. The petitioners are entitled to exercise their fundamental right guaranteed by the Constitution of India to have prayers at the place of their choice. Jama-at
Petitioners' fundamental right to practice religion must be protected, and the Waqf Board directed to resolve the mosque dispute expeditiously.
The court emphasized the importance of practical considerations and requested both parties to provide an affidavit of undertaking to ensure the agreed arrangement continues.
Parties must seek statutory remedies under the Waqf Act before pursuing matters in High Court when appropriate forums exist.
Every muslim is entitled to get a decent burial according to civil rights and graveyard under supervision of 1st defendant is a public graveyard, any muslim or any member of 1st defendant has a right....
The court upheld the right to peaceful religious practice and reaffirmed the necessity of police protection against unfounded threats.
Mandamus granted directing Waqf Board to approve by-laws and conduct elections within four months.
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