Madras High CourtWP/14621/2015disposed of

Ahle Sunnath Jamath v. The District Collector

2015-05-13Honourable Mr Justice R.Subbiah4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 14.05.2015

CORAM

THE HON'BLE MR. JUSTICE R.SUBBIAH W.P.No.14621 of 2015 and M.P.No.1 of 2015 Ahle Sunnath Jamath Mosque Chinnakarasamangalam, Katpadi Taluk & Post Vellore District rep. by its Muthavalli A.Khader Sheriff .. Petitioner

Versus

1 The District Collector Vellore District Vellore 2 The Superintendent of Police Vellore District Vellore 3 The Superintendent of Wakfs Vellore District Vellore 4 The Tahsildar Katpadi Taluk Vellore District 5 The Inspector of Police Katpadi Police Station Katpadi Vellore District.

.. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the respondents 1 and 2 to consider the representation dated 9.4.2015 of the petitioner and pass appropriate orders within the time frame as stipulated by this Honourable High Court.

For Petitioner : M/s.SV AAK Legal For Respondents : Mr.A.Kumar Special Government Pleader.

O R D E R

Mr.A.Kumar, learned Special Government Pleader takes notice for the respondents and by consent of learned counsel on either side, the writ petition is taken up for final disposal.

2. The present writ petition has been filed for a mandamus, directing the 1st and 2nd respondents to consider the petitioner's representation dated 09.04.2015 and pass appropriate orders.

3. In the affidavit, the petitioner has stated that petitioner is the Mosque committee of the mosque and Muslim burial ground situated in Chinna Karasamangalam Village, Katpadi Taluk, Vellore District. The committee is appointed and recognized by the Tamilnadu Wakf Board. The petitioner committee, Mosque and Muslim burial ground are under the superintendence of the Tamilnadu Wakf Board. The Mosque and Muslim burial ground are situated in Survey Nos.263 and 268 of the said village and is in existence for more than 100 years. The said mosque is being used by the muslims of the said village and the nearby villagers for offering their prayers 5 times a day. Whileso, unruly and unlawful elements who were indulging in antisocial activities, often tried to trespass into the lands of the

mosque, so as to indulge in illegal and antisocial activities. Hence, now the petitioner has decided to put up a compound wall around the mosque and the muslim burial ground in the said village and in this regard, he also submitted a representation dated 09.04.2015, to the respondents to provide police protection for the purpose of constructing the compound wall. But the said representation was not considered. Hence, the present writ petition.

4. Considering the averments made in the affidavit and the submissions made and without going into the merits of the contentions raised in the representation, this Court directs the respondents 2 and 5, to consider the petitioner's representation dated 09.04.2015, on merits and in accordance with law and pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order.

5. With the above direction, the writ petition is disposed of. No Costs. Consequently, the connected Miscellaneous Petition is closed. 14.05.2015 Index:Yes/No Internet:Yes/No va/ars

R.SUBBIAH, J., va/ars To 1 The District Collector Vellore District Vellore 2 The Superintendent of Police Vellore District Vellore 3 The Superintendent of Wakfs Vellore District Vellore 4 The Tahsildar Katpadi Taluk Vellore District 5 The Inspector of Police Katpadi Police Station Katpadi Vellore District.

W.P.No.14621 of 2015 14.05.2015