Madras High CourtCRL OP/11239/2019disposed of

Ondipudur Sunnath Jamath Pallivasal v. The Commissioner Of Police

2019-04-26Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.04.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.11239 of 2019 Ondipudur Sunnath Jamath Pallivasal Represented by its Secretary Abdul Salam Trichy Road (Below over bridge) Ondipudur, Coimbatore 641 016 ... Petitioner Vs 1.The Commissioner of Police Coimbatore City Coimbatore 641 018 2.State by Inspector of Police, E1 Police Station, Singanallur ... Respondents PRAYER:

Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the 2nd respondent police to give protection based on the complaint given by petitioner dated 04.04.2019 within a time frame that may be fixed by this Court.

For Petitioner : Mr.J.Franklin For Respondents: Mr.C.Raghavan Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the 2nd respondent police to give protection based on the complaint given by petitioner dated 04.04.2019.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondents.

3.The learned counsel for the petitioner would submit that the peitioner's Wakf Ondipudur Sunnath Jamath was previously managed and administered by the Tamil Nadu Wakf Board, Chennai and vide proceedings dated 22.02.2019 Tamil Nadu Wakf Board, Chennai, withdrew their administration and management with effect from 18.02.2019 and handed over the https://hcservices.ecourts.gov.in/hcservices/

same to the petitioner on 22.02.2019 for a period of three years from 18.02.2019 to 17.02.2022. From then onwards the petitioner's Wakf is administering and managing the Wakf by forming a Committee consisting fifteen persons. While being so, some of the persons in the same Wakf are acting against the interest of the Wakf. Hence the petitioner gave a complaint on 04.04.2019 to the second respondent. Though the complaint was received and CSR was issued by the second respondent, the second respondent refused to enquire into the complaint as the same is civil in nature. Hence the petitioner has filed the present petition with the aforesaid prayer.

4. The learned Government Advocate (Crl.Side) would submit that the the petitioner seeks police protection.

5. Considering the facts and circumstances of the case, the petitioner is directed to lodge a complaint before the second respondent police. On receipt of the same, the second respondent is directed to conduct enquiry after giving due opportunity to the petitioner and the counter party and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6. Accordingly, this Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar mpa/vsn To 1.The Commissioner of Police Coimbatore City Coimbatore 641 018 2.State by Inspector of Police, E1 Police Station, Singanallur 3.The Public Prosecutor,High Court of Madras. +1cc to Mr.J.Franklin , Advocate SR.No. 40270 CRL.O.P.No. 11239 of 2019 A.SK(10/06/2019) https://hcservices.ecourts.gov.in/hcservices/