Muniyappa Alias Muniyan v. The Municipal Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :18.08.2020 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.10829 of 2020 Muniyappa (a) Muniyan S/o Late G.Deiva Sigamani Residing at No.1/1, Thulakanathamman Koil Street Contentment, Chinna Mangadu Poonthamalee, Chennai - 600 056.

... Petitioner -Vs1. The Municipal Commissioner Municipal Office, Poonthamalee

2. The Tahsildar Poonthamalee Taluk Office Poonthamalee, Chennai - 600 056.

3. The Inspector of Police T12, Poonthamalee Police Station

4. The Deputy Commissioner of Police Ambattur Police District Avadi, Chennai - 600 056.

5. MASJID HARLA HANIS PERIYA PALLIVASAL Rep by its Imam, No.162, Thulakanathamman Koil Street Contentment, Chenna Mangadu ... Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents to consider the representation made by the petitioner on 30.09.2019, 25.01.2020 to respondents 3 and 4 to remove the Horn Type Loud Speaker and Amplifiers from the unlawful constructed Mosque in Thiruvallur District, Poonthamalee Taluk, Chinna Mangadu Village, Contentment, Bazaar Street, No.162, MASJID HARLA HANIS PERIYA PALLIVASAL Mosque.

For Petitioner : Mr.K.Yuvaraj For Respondents : Mr.M.Elumalai Additional Government Pleader for R2 Mr.S.Karthikeyan Additional Public Prosecutor for R4

O R D E R

The prayer sought for in the present writ petition is to direct the respondents to consider the representation made by the petitioner on 30.09.2019, 25.01.2020 to respondents 3 and 4 to remove the Horn Type Loud Speaker and Amplifiers from the unlawful constructed Mosque in Thiruvallur District, Poonthamalee Taluk, Chinna Mangadu Village, Contentment, Bazaar Street, No.162, MASJID HARLA HANIS PERIYA PALLIVASAL Mosque. 2.Without going into the merits of the case, this Court is inclined to direct the 1st respondent to conduct enquiry on the representations submitted by the petitioner dated 30.09.2019 and 25.01.2020, after issuing notice to the 5th respondent herein and also give due opportunities to both the parties, shall pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Municipal Commissioner Municipal Office, Poonthamalee

2. The Tahsildar Poonthamalee Taluk Office Poonthamalee, Chennai - 600 056.

3. The Inspector of Police T12, Poonthamalee Police Station

4. The Deputy Commissioner of Police Ambattur Police District Avadi, Chennai - 600 056.

+1cc to Mr.K.Yuvaraj, Advocate, S.No.27133 W.P.No.10829 of 2020 vg ii (co) rr ii (16/09/2020)