2025:KER:26659 CRL.MC NO. 9960 OF 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 CRL.MC NO. 9960 OF 2024 PETITIONER: *KASIM UBAIDULLA CORRECTED AS UBAIDULLA PATTAKAL, AGED 59 YEARS S/O. KOMALAM NALLA KOYA, KOMALAM HOUSE, ANDROTH ISLAND, LAKSHADWEEP, PIN - 682551 * NAME OF THE 1ST PETITIONER IS CORRECTED AS “UBAIDULLA PATTAKAL” INSTEAD OF “KASIM UBAIDULLA” AS PER ORDER DATED 27.01.2025 IN CRL.M.C. 9960 OF 2024 BY ADVS. M.A.VAHEEDA BABU BABU KARUKAPADATH ARYA RAGHUNATH KARUKAPADATH WAZIM BABU P.LAKSHMI AYSHA E.M. ABUASIL A.K. HANIYA NAFIZA V.S. RESPONDENTS: 1 EXECUTIVE MAGISTRATE, ANDROTH ISLAND, UT OF LAKSHADWEEP, PIN - 682551 2 A.I. KUNHISEETHIKOYA, AGED 80 YEARS S/O. MUTHUKOYA ALIYATHAMMADA AISAYYAPURA, ANDROTH, LAKSHADWEEP, PIN - 682551 2025:KER:26659 CRL.MC NO. 9960 OF 2024 2 3 A.B POOKOYA, AGED 74 YEARS S/O. MUTHUKOYA, ALIYATHAMMADA BEETHATHABIYYAPURA, ANDROTH, LAKSHADWEEP, PIN - 682551 4 A.B. MUHAMMED NAJEEB, AGED 60 YEARS S/O. MUTHUKOYA, ALIYATHAMMADA BEETHATHABIYYAPURA, ANDROTH, LAKSHADWEEP, PIN - 682551 5 A.B. MUHAMMED BASHEER, AGED 56 YEARS S/O. POOKOYA AYIKKAKAM BALIYAPURA, ALIYATHAMMADA BEETHATHEBIYYAPURA, ANDROTH, LAKSHADWEEP, PIN - 682551 BY ADVS. SHRI.K.S.PRENJITH KUMAR, CGC K.SUJAI SATHIAN PREETHI. P.V. MARY LIYA SABU AISWARYA S. ASHOKAN NEERAJ KRISHNA KUMAR AYISHA BASILA ASHARAF T.SETHUMADHAVAN (SR.) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:26659 CRL.MC NO. 9960 OF 2024 3 ORDER Insofar as the impugned order, as modified, is challenged in Crl.M.C.No.10791 of 2024, nothing survives for consideration in this Crl.M.C. The Crl.M.C is hence closed as infructuous. Sd/- V.G.ARUN JUDGE SPV 2025:KER:26659 CRL.MC NO. 9960 OF 2024 4 APPENDIX OF CRL.MC 9960/2024 PETITIONER’S ANNEXURES ANNEXURE A1 A TRUE COPY OF THE JUDGMENT DATED 18/12/2007 IN CRP NO.460/2006 OF THIS HON’BLE COURT ANNEXURE A2 A TRUE COPY OF THE JUDGMENT DATED 01/08/2019 IN CIVIL APPEAL NO.9586/2010 OF THE HON’BLE SUPREME COURT ANNEXURE A3 A TRUE COPY OF THE OF THE JUDGMENT DATED 07/10/2024 IN CRP NO.1204/2005 OF THIS HON’BLE COURT ANNEXURE A4 A TRUE COPY OF THE 1ST LETTER DATED 13/11/2024 GIVEN BY CERTAIN MEMBERS OF ALIYATHAMMADA FAMILY TO THE PETITIONER ANNEXURE A5 A TRUE COPY OF THE 2ND LETTER DATED 13/11/2024 GIVEN BY CERTAIN MEMBERS OF ALIYATHAMMADA FAMILY TO THE PETITIONER ANNEXURE A6 A TRUE COPY OF THE LETTER DATED 14/11/2024 GIVEN BY THE PETITIONER TO THE 1ST RESPONDENT INTIMATING THAT THE FAMILY NEED TIME TO DISCUSS AND DECIDE ON THE MATTER ANNEXURE A7 A TRUE COPY OF THE LETTER DATED 14/11/2024 GIVEN BY THE PETITIONER TO THE 1ST RESPONDENT DETAILING THE MATTER AND INFORMING THE 1ST RESPONDENT THAT AT LEAST 2 MONTHS’ TIME IS REQUIRED TO COMPLETE THE SELECTION PROCESS, ONCE THE SELECTION IS TO BE MADE ON THE BASIS OF THE DIRECTIONS IN ANNEXURE A3 JUDGMENT ANNEXURE A8 A TRUE COPY OF THE REPRESENTATION DATED 15/11/2024 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT TO PROVIDE POLICE PROTECTION TO CONDUCT JUMA AND OTHER PRAYERS IN THE MOSQUE UNDER THE KATHEEB 2025:KER:26659 CRL.MC NO. 9960 OF 2024 5 APPOINTED BY THE MUTHAWALLI MAINTAINING STATUS QUO ANNEXURE A9 A TRUE COPY OF THE PROHIBITORY ORDER DATED 15/11/2024 PURPORTED TO BE ISSUED UNDER SECTION 163 OF BNSS, 2023 PROHIBITING JUMA PRAYERS IN ANDROTH JUMA MOSQUE FROM 15/11/2024 ANNEXURE A10 A TRUE COPY OF THE ORDER DATED 11/12/2024 ISSUED BY THE 1ST RESPONDENT PERMITTING 13 PERSONS CLAIMING TO BE THE MEMBERS OF ALIYATHAMMADA THARAVAD TO PERFORM THE FUNCTIONS OF KATHEEB OF THE JUMA MASJID