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K.AVARAN KOYA HAJI, S/O.ABDUL KHADER versus COMMISSIONER OF POLICE, KOZHIKODE

High Court of Kerala

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K.AVARAN KOYA HAJI, S/O.ABDUL KHADER v. COMMISSIONER OF POLICE, KOZHIKODE - WP(C) No. 10842 of 2007(N) [2007] RD-KL 7393 (10 April 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 10842 of 2007(N)

1. K.AVARAN KOYA HAJI, S/O.ABDUL KHADER,
... Petitioner

2. M.ABDURAZAK, S/O.KUNHIMARAKKAR,

Vs

1. COMMISSIONER OF POLICE, KOZHIKODE.
... Respondent

2. CIRCLE INSPECTOR OF POLICE,

3. SUB INSPECTOR OF POLICE,

4. M.V.SEETHIKUTTY, S/O.M.V.MUHAMMED,

5. P.ABDUL LATHEEF, S/O.MOINKUTTY,

6. CHONARI SIDDIQ, S/O.CHEKKU,

7. KANNARAMBATH SHINAS, S/O.MOIDEEN KOYA,

8. KOLAKULATH ABDUSSALAM, S/O.ABDUL KHADER,

9. M.V.SAIDU MUHAMMED, S/O.IMBICHAMMU,

10. ABDURAHEEM @ BAVA, S/O.ABOOBACKER,

For Petitioner :SRI.P.N.RAVINDRAN

For Respondent :SRI.C.KHALID

The Hon'ble MR. Justice J.B.KOSHY The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

Dated :10/04/2007

O R D E R

J.B.KOSHY & T.R.RAMACHANDRAN NAIR, JJ.

W.P.(C)No.10842 OF 2007 Dated 10th April, 2007

JUDGMENT

Kos

hy,J.

This is a petition for police protection. According to the petitioners, they are President and Secretary of the Nallalam Unit of the "Kerala Nadvathul Mujahideen". An application for interim injunction filed by respondents 4 and 5 was dismissed, but, the suit is pending. Government Pleader submitted that several civil and criminal cases are pending. In a petition filed under Article 226 of the Constitution of India we are not deciding the disputed questions, that too pending in civil court as the matter has to be finally decided after adducing evidence. It is also submitted by the Government Pleader that proceedings are pending before the Sub Divisional Magistrate also. Therefore, the matter has to be decided by the statutory authority or by the civil court where the cases are pending. So, without expressing any opinion on the merits of the matter, we direct the police to see that law and order is maintained and lives of the parties are not endangered. The writ petition is disposed of accordingly. J.B.KOSHY

JUDGE

T.R.RAMACHANDRAN NAIR

JUDGE

tks


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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