Manjakuppam Mosque Wakf @ v. State Rep., By The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.08.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Manjakuppam Mosque Wakf @ Anjumane Islamia Youmiya Jamia Masjid rep by its Muthawalli, R.Sattar Bhak, No.82, Nethaji Roda, Manjakuppam, Cuddalore 607 001
...Petitioners
vs.
1.The State rep by The Superintendent of Police, Cuddalore District.
2.The Deputy Commissioner of Police, Cuddalore District.
3.The Inspector of Police, Cuddalore New Town, Police station, Cuddalore District.
4.The Tamil Nadu Wakf Board, rep by its Chief Executive Officer, No.1, Jaafersyrang Street, Vallal Seethakathi Nagar, Chennai 600 001.
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5.S.A.Abdul Rahim 6.A.Kalifullah Sherifff 7.A.Amanullah Sheriff 8.A.Eliyas
...Respondents
PRAYER:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents 1 to 3 to provide adequate police protection to the petitioner wakf property situated at No.82, Nethaji Road, Manjakuppam, Cuddalore District for a period of three days form 26.08.2023 to 28.08.2023 by restarting the respondents 4 to 8, their men, agent or whomsoever from causing any hindrances by considering the representation dated 31.07.2023.
For Petitioners : Mr.I.Abdul Barith, for Mr.S.A.Syewd Shuhaibb For Respondents : Mr.A.Damodaran Additional Public Prosecutor for R1 to R3 Mr.Haja Mohideen Gisthi, for R4 ******** Page No.2/5
ORDER
This writ petition has been filed for a direction to the respondent police to provide police protection to the Mosque based on the representation made by the petitioner on 31.07.2023 since the private respondents are attempting to conduct "urs" without the permission of Management or Wakf board and thereby, they are attempting to create a law and order problem.
2. The learned Additional Public Prosecutor on instructions submitted that the complaint has been acted upon and it was enquired in CSR.No.527 of 2023. Considering the fact that there may be some law and order problem, the matter was also referred to RDO, Cuddalore under section 107 of CRPC.
3. The learned Standing counsel appearing on behalf of the Wakf board submitted that the private respondents are attempting to conduct the "urs" without permission of the Wakf board and without permission of the Management of the Masjid.
4. Taking into consideration the facts and the circumstances of the case, there shall be a direction to the third respondent to grant police protection by Page No.3/5
acting upon the representation made by the petitioner on 31.07.2023 and the respondent police shall also ensure that the "urs" is not conducted without the permission Wakf Board or the Management of the Masjid.
5. This writ petition is disposed of in the above terms. 23.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order nsa To 1.The Superintendent of Police, Cuddalore District.
2.The Deputy Commissioner of Police, Cuddalore District.
3.The Inspector of Police, Cuddalore New Town, Police station, Cuddalore District.
4.The Tamil Nadu Wakf Board, rep by its Chief Executive Officer, No.1, Jaafersyrang Street, Vallal Seethakathi Nagar, Chennai 600 001.
3.The Public Prosecutor, Madras High Court, Chennai 600 104..
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N. ANAND VENKATESH, J.
nsa 23.08.2023 Page No.5/5