Police protection granted to maintain status quo per Wakf Board order pending civil suit resolution, without determining rights.

JUDGMENT

Petitioner seeks for a direction to provide adequate police protection to his life and property and also to his family members from the threats of respondents 5 and 6. Petitioner has also sought for a direction to afford protection for the peaceful conduct of ‘aandunercha’ and for running the daily rituals that have been taking place since time immemorial.

2. Petitioner claims that he is the Mutawalli of the Parambil Palli Mahal Jama-ath and Parambil Palli Jaraam. Petitioner claims that a saint by name ‘Shaheed Alliyul Bakri’ is buried in the Jaraam around 500 years ago. It is also claimed that the saint had built a mosque and his body was buried adjacent to it. It is claimed that the Molla family of which the petitioner is a member, were the disciples and servant of the saint and they constructed a tomb over the area where he was buried. Petitioner alleges that the Molla family was all along possession and maintaining the Jaraam and even taking its income. Petitioner alleges that, from time immemorial, though the Molla family, was taking the income a small portion was regularly paid to the mosque. In the meanwhile, a person by name T.P.Ali, questioned the appropriation of income from the Jaraam by the Molla family. Few others also questioned it resulting in Ext.P1 order by the Wakf Board.

3. Petitioner has also preferred a civil suit as O.S.No.12/2026 before the Wakf Tribunal, Kozhikode seeking a declaration of the plaintiff’s right to administer and manage the Jaraam therein and to conduct the day-to-

day affairs of the Jaraam.

4. According to the petitioner, due to the dispute regarding the Jaraam, he is under severe threat and apprehends that the respondents may cause physical harm to him and his family members. Since the annual festival called ‘aandunercha’ is about to be held, apprehending that the respondents may prevent him from conducting the same and cause harm to him, he approached this Court through this writ petition.

5. Counter affidavit as well as additional counter affidavit has been filed by respondents 17 to 20 pointing out that the order of the Wakf Board produced as Ext.P1 was obtained behind the back and it is null and void. It is also stated that the respondents have absolutely no intention to cause any harm or threat to the petitioner, nor do they have any objection to the petitioner visiting the shrine on a regular basis. Respondents allege that the wakf was originally registered as No.911/R1A in the year 1961 and hence there could not have been under registration. It is alleged that the subsequent registration in 1988 of the Jaraam as per Ext.P2 is incorrect and a fabrication. It is also alleged that the claim of the Molla family that they are the descendants and disciples of the saint at incorrect and also that the 20^th respondent committee had constructed the tomb and that the petitioner has no right to conduct the ‘aandunercha’.

6. I have heard Sri.T.H.Abdul Azeez, the learned counsel for the petitioner as well as Sri.K.A.Babu, the learned counsel for the respondents 17 to 20, apart from the learned Government Pleader.

7. The learned Government Pleader, upon instructions, submitted that the right to administer the shrine is vested with the petitioner as per the order in Ext.P1, and also that there is no law and order situation at present.

8. I have considered the rival submissions.

9. The dispute raised in this writ petition concerns the right to administer a shrine. The learned counsel for the petitioner submitted that, relief No.2 which sought for the peaceful conduct of the ‘aandunercha’ has already become infructuous. Even though the learned counsel for respondents 1