A.Mahboob Basha v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.07.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.11885 of 2021 A.Mahboob Basha ... Petitioner
Versus
1.The Commissioner of Police Tiruppur.
2.The Inspector of Police North Police Station, Tiruppur.
3.The Executive Officer Ahle Sunnath Jamath Masjid and Madrasa Wakf Khaderpet, Tiruppur.
... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents to provide protection to the Ahle Sunnath Jamath Masjid and Madrasa Wakf, situate at Kaderpettai, Tiruppur Town as sought vide representation dated 24.06.2021 by the petitioner. For Petitioner :
Mr.N.A.Nissar Ahmed For Respondents:
Mr.E.Raj Thilak Government Advocate (Crl.Side)
ORDER
This petition has been filed to direct the respondents to provide protection to the Ahle Sunnath Jamath Masjid and Madrasa Wakf, situated at Kaderpettai, Tiruppur Town as sought vide representation dated 24.06.2021 by the petitioner.
2. The petitioner had sent a representation on 24.06.2021 to the Commissioner of Police, Tiruppur stating that the Tamil Nadu Wakf Board on 24.02.2021 had issued a notice stating that 42 shops of the said Wakf were originally locked on 16.11.2014 by the wakf officials with the help of police. Due to the prevalent peaceless situation between two groups of the Jamathars, an FIR was filed on 19.11.2014 and the Revenue officials passed 145 orders on the same date. The Sub-Collector, Tiruppur conduced enquiry on 21.11.2014. The aggrieved persons break opened the https://hcservices.ecourts.gov.in/hcservices/
lock, which was relocked by the Wakf officials. The High Court of Madras has also issued orders in W.P.No.33152 of 2016 dismissing the same prayer of locking the shops and directed that the newly constructed 42 shops not to be opened.
3. It is seen that the petitioner makes reference of W.P.No.33152 of 2016 and admits that there is a dispute between two groups and a civil suit is pending and also produced notice of the Wakf Board. The name particulars of the rival group, who is alleged to open the locks of the newly constructed 42 shops, have not been given, and it is a mere apprehension. Further, already for the same prayer, the petitioner approached this Court in W.P.No.33152 of 2016 and WMP.No.28670 of 2016 and the same was dismissed.
4. In view of the same, it is seen that it is a dispute between the Jamathars and they already approached the High Court and they are directed to get remedy before the Wakf Board and hence, no order has to be passed in this petition.
5. Accordingly, this Criminal Original Petition is dismissed.
Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar dna To 1.The Commissioner of Police Tiruppur.
2.The Inspector of Police North Police Station, Tiruppur.
3.The Executive Officer Ahle Sunnath Jamath Masjid and Madrasa Wakf Khaderpet, Tiruppur.
4.The Public Prosecutor, High Court, Madras.
+1cc to Mr.N.A.Nissar Ahmed, Advocate SR.No. 32765 CRL.O.P.No.11885 of 2021 UM(CO) B.VC(09.08.2021) https://hcservices.ecourts.gov.in/hcservices/