A.Shaffeer Ali v. The District Collecor
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.10.2022
CORAM
THE HONOURABLE MR. JUSTICE S.S.SUNDAR and MP.No.1 of 2015 A.Shaffeer Ali, President, Tamil Nadu Thowheed Jamad, V Kalathur Branch, Perambalur District.
...petitioner Vs.
1. The District Collector, Perambalur.
2. The Tahsildar, Veppanthattai Taluk, Pereambalur.
3. The President, V Kalathur Panchayat, Pereambalur.
4. The Sub Inspector of Police, V Kalathur Police Station, Pereambalur.
5. Liayakath Ali ...respondents 1/7
Prayer:- This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus to direct the third respondent herein to maintain the Muslim burial ground in S.No.119/8 of V.Kalathu Village and ensure that the members of the Mohammadean Community are permitted to use the property for the purpose intended. For Petitioner : Mr.Sunny Sheen for Mr.V.Raghavachari For Respondents for RR1 & 2 : Mrs.M.Geetha Thamariselvan Special Government Pleader for R3 : No Appearance for R4 : Mr.A.Selvendran, Special Government Pleader for R5 : Mr.S.Doraisamy
ORDER
This Writ Petition is filed for issuance of a Writ of Mandamus to direct the third respondent herein to maintain the Muslim burial ground in S.No.119/8 at V.Kalathu Village and ensure that the members of the Mohammadean Community are permitted to use the property for the purpose it has been intended.
2. The petitioner states that he is the President of the Tamil Nadu Thowheed Jamad, V Kalathur Branch, Perambalur District. This 2/7
Writ Petition is filed to ensure that the members of the Mohammadean Community shall use the burial ground in S.No.119/8 at V.Kalathu Village.
3. It is the specific case of the petitioner that the property in Survey No.119/8 at V.Kalathur Village is used as a Muslim burial ground and it is owned by the Thowheed Jamad as well as the Sunnath Jamath of the said Village. However, the members of the Sunnath Jamath claims exclusive right to the said burial ground and they are creating problems for the members of Thowheed Jamad to use the same.
4. The petitioner has impleaded an individual by name Liyakath Ali as fifth respondent, who is said to be the Secretary of the Sunnath Jamath. It is also the grievance of the petitioner that the members of the Sunnath Jamath are protesting before every authorities and not permitting to bury the dead bodies of the family belongs to the Thowheed Jamad in the said common burial ground.
5. The fifth respondent has filed counter affidavit specifically 3/7
denying the averments made in the affidavit filed in support of this Writ Petition. In the counter affidavit, it is specifically stated that the burial ground in Survey No.119/8 at V. Kalathur Village belongs to Sunnathwal Jamath and more than 1500 families belonging to the Sunnathwal Jamath are residing in that Village and they are using that burial ground exclusively and the members of the Thowheed Jamad has no right to use the said land. Further, by referring to several law and order issues raised on account of the dispute between the 2 branches of the Muslim community, the fifth respondent prayed for dismissal of the Writ Petition.
6. Heard the learned counsel for the petitioner and the learned counsel for the fifth respondent and perused the material available on record. No counter has been filed by the official respondents.
7. Except referring to Section 116 of the Panchayat Act, the petitioner has not pointed out any statutory obligation on the official respondents to protect the petitioner's interest nor produced any document to establish their right in respect of the burial ground. As there is a dispute regarding title to the burial ground, this Court cannot entertain this Writ 4/7
Petition. When the local body construct or establish a burial ground or a burning ground for the purpose of public use, the petitioner or any other Villagers have the right to seek relief before this Court. However, the petitioner has not produced any document to show the title in favour of the petitioner's Jamad or Local body in respect of the burial ground.
8. In such circumstances, this Court cannot entertain the Writ Petition of this nature. Therefore, this Writ Petition is dismissed. However, liberty is given to the petitioner to approach the Civil Court to seek appropriate relief in respect of the said burial ground. No costs. Consequently, connected miscellaneous petition is closed. 27.10.2022 Index : Yes/No pvs To
1. The District Collector, Perambalur.
2. The Tahsildar, Veppanthattai Taluk, Pereambalur.
3. The President, V Kalathur Panchayat, Pereambalur.
5/7
4. The Sub Inspector of Police, V Kalathur Police Station, Pereambalur.
6/7
S.S.SUNDAR .J., pvs 27.10.2022 7/7