Mohamed Khalabsa Avuliya Durga v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No. 42481 of 2024 Mohamed Khalabsa Avuliya Durga Represented by

1. A.Amanullah Sheriff,

2. A.Khalifullah Sheriff ....

Petitioners Vs 1.The District Collector Cuddalore District, Cuddalore- 607 001.

2. The Superintendent of Police Cuddalore District,

3. The Revenue Divisional Officer

4. The Revenue Tahsildar

5. The Inspector of Police Cuddalore N.T Police Station,

6.The Sub Inspector of Police Cuddalore N.T. Police Station,

7. The Chairman Tamil Nadu Wakf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai- 600 001.

8. The Chief Executive Officer Tamil Nadu Wakf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai- 600 001.

9. Anjumane Islamia Youmia Pallivasal Manjakuppam, Cuddalore, Rep By Its Muthavalli, Anjumane Islamia Youmia Pallivasal, Manjakuppam, Cuddalore -607 001.

10. Anjumane Islamia Youmia Pallivasal Manjakuppam, Cuddalore, Rep By Its Secretary, Anjumane Islamia Youmia Pallivasal, Manjakuppam, Cuddalore -607 001.

....

Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India, praying for issuance of Writ of Certiorari to call for the records and quash the proceedings before the 3rd respondent initiated through the undated summon issued by the 6th respondent in respect of Mohamed Khalabsa Avuliya Durga, Manjakuppam, Cuddalore- 607 001, Cuddalore Taluk, Cuddalore District and Anjumane Islamia Youmia Pallivasal,

Manjakuppam , Cuddalore, Cuddalore Taluk, Cuddalore District and adjourned without assigning a date, as being illegal and null and void, malicious and without jurisdiction.

For Petitioner : Mr.D.Baskar For R1, R3 & R4 : Mr.P.Balathangayutham Special Public Prosecutor For R2, R5 & R6 : Mr.A.Gopinath Government Advocate (Crl.Side) For R7, R8 & R10 : No appearance For R9 : Mr.I.Abdul Basith

ORDER

This Writ Petition has been filed challenging the summons issued by the sixth respondent, thereby calling upon the petitioner to appear before the third respondent in the Peace Committee Meeting.

2. Heard Mr.D.Baskar, the learned counsel for the petitioner, Mr.P.Balathandayutham, learned Special Government Pleader for R1, R3 & R4, Mr.A.Gopinath, learned Government Advocate for R2, R5 & R6, Mr.I.Abdul Rasith, learned counsel for the 9th respondent and perused the materials available on record.

3. It is observed that if at all the petitioner is not interested to

resolve the dispute with the respondents 9 and 10, the petitioner did not attend the Peace Committee Meeting. In the said Meeting, both parties agreed for certain terms and conditions. Accordingly, the dispute can only be resolved if both parties attend and agree to the terms. If one party does not attend or agree the terms and conditions, a resolution will be passed in the Peace Committee Meeting.

4. With the above said clarification, this Writ Petition stands disposed of. Consequently, connected miscellaneous petition is closed. No cost.

01.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To 1.The District Collector Cuddalore District, Cuddalore- 607 001.

2. The Superintendent of Police Cuddalore District,

3. The Revenue Divisional Officer

4. The Revenue Tahsildar

5. The Inspector of Police Cuddalore N.T Police Station, 6.The Sub Inspector of Police Cuddalore N.T. Police Station, 7.The Public Prosecutor, High Court of Madras, Chennai

G.K.ILANTHIRAIYAN, J.

Lpp 01.04.2025