Madras High CourtWP/61/2014disposed of

S.Syed Ameen v. The District Collector

2020-09-23Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.09.2020

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.61 of 2014 S.Syed Ameen, S/o.Syed Peeran Sahib, Hereditary Mutawalli of Sirukadambur Kabarasthan Masjid Wakf, Sirukadambur, Gingee Taluk, Villupuram District.

... Petitioner vs

1. The District Collector, Villupuram District, Villupuram.

2. The Superintendent of Police, Office of the Superintendent of Police, Villupuram District, Villupuram.

3. The District Revenue Officer, Villupuram District, Villupuram.

4. The Inspector of Police, Gingee Police Station, Gingee.

5. The Tahsildar, Gingee Taluk Office, Gingee, Villupuram District.

6. The Superintendent of Wakfs, Villupuram and Cuddalore District, No.512, Gandhi Road, Panruti, Cuddalore District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 and 5 herein to give police protection for build up the compound wall for Sirukadambur Kabarasthan Masjid Wakf Property particularly for the Mosque and the Burial ground of Muslim people which is comprising in Survey No.140/2 140/3 and 140/4 at Sirukampur Village, Gingee Taluk, Villupuram District.

For Petitioner : Mr.G.Mohammed Aseef For RR1 to 5 : Mr.V.Shanmugasundar Special Government Pleader For R6 : Served - No appearance

ORDER

This writ petition is heard through Video-Conferencing, on account of the COVID-19 pandemic situation.

2. The writ petition has been filed seeking a mandamus directing the respondents 1 and 5 herein to give police protection for building up the compound wall for Sirukadambur Kabarasthan Masjid Wakf Property particularly for the Mosque and the Burial ground of Muslim people which is comprising in Survey No.140/2 140/3 and 140/4 at Sirukampur Village, Gingee Taluk, Villupuram District.

3. The petitioner is the hereditary Muthavalli of Sirukadambur Kabarasthan Masjid Wakf Properties and the said properties are also notified under the Tamil Nadu Gazette as Wakf properties. The Sirukadambur Kabarasthan Masjid Wakf Muslims burial ground is also situate in S.Nos.140/5 and 140/4. As it does not have a compound wall, it has become a place for anti social elements for their illegal activities. Therefore, the petitioner wanted to raise a compound wall around the property and had given several representations to the police to give protection. As there was no response, it appears that the petitioner had moved this Court.

4. The learned Special Government Pleader says that so far no compound wall has been raised. As and when the petitioner approaches the authorities for an appropriate relief, it will be considered.

5. In such circumstances, it is open to the petitioner to approach the fourth respondent-Inspector of Police in the event of any police protection that he may require and the fourth respondent also may consider it appropriately and extend any help. It is made clear if there is any civil dispute already pending, the extension of service by the police will be only subject to the result of the same.

6. With the above directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS ) //True copy// Sub Assistant Registrar gg/rsi To