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Madras High CourtWP/34143/2023disposed of

Sarguru Sayed Karim Alisha v. The District Superintendent Of Police

2023-12-11Honourable Dr Justice G. Jayachandran5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2023

CORAM

THE HONOURABLE MR. JUSTICE Dr. G. JAYACHANDRAN Sarguru Sayed Karim Alisha Sadar Sarkalifa Refaye Aithroos Kadire ... Petitioner Vs.

1. The District Superintendent of Police, Nagapattinam District.

2. The Inspector Of Police (B3), Nagoor, Nagapattanam District.

3. The Managing Trustee, Nagoor Dargah, Nagore-611002, Nagapattanam District.

4. The Manager Nagore Dargha Sarif, Nagore-611002, Nagapattanam District.

... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the 1st and 2nd respondent to provide police protection to me so as to enable me to perform petitioner's religious duties without any fear or hindrance from others as Sarguru of Syed Rifayee Aithroos Jamma Allah for a period of 40 days (12.12.2023 to 20.01.2024) on the eve of the Urus and annual death ceremony of Hazrath Shahul Hameed Aandavar (Kanthuri Festival) in Nagore Dargah.

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For Petitioner : Mr.C.V.Shyam Sunder For Respondents : M/s.Leonard Arul Joseph Selvam Govt.Advocate (Crl.Side),

O R D E R

This writ petition is filed to direct the 1st and 2nd respondent to provide police protection to me so as to enable me to perform petitioner's religious duties without any fear or hindrance from others as Sarguru of Syed Rifayee Aithroos Jamma Allah for a period of 40 days (12.12.2023 to 20.01.2024) on the eve of the Urus and annual death ceremony of Hazrath Shahul Hameed Aandavar (Kanthuri Festival) in Nagore Dargah.

2. The petitioner herein, claiming to be the Sarguru of Syed Rifayee Aithroos Jamma Allah, relying upon the decree passed by the Civil Court, seeks Special Police Protection during the 40 days of Annual Urus Festival, which is to be conducted at Nagor Dargah from 12.12.2023.

3. The learned Government Advocate submitted that citing threat, this petitioner approached this Court last year also and got the special protection order. However, that order was misused by him. Hence, the 2/5

general protection to all the persons who all are likely to gather in the Urus Festival should not be provided.

4. This Court found that there is no special protection required for the petitioner herein, since it may cause unwanted disturbance among the persons who are in charge of conducting the festival and also might be misused again.

5. Learned Government Advocate undertakes to give adequate protection to all persons likely to gather at the time of the Urus festival.

6. Considering the facts and circumstances of the case and recording the said undertaking of the learned Government Advocate, this writ petition stands disposed off. No costs.

Index : Yes 11.12.2023 Speaking Order (sha) 3/5

To

1. The District Superintendent of Police, Nagapattinam District.

2. The Inspector Of Police (B3), Nagoor, Nagapattanam District.

3. The Managing Trustee, Nagoor Dargah, Nagore-611002, Nagapattanam District.

4. The Manager Nagore Dargha Sarif, Nagore-611002, Nagapattanam District.

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Dr. G. JAYACHANDRAN . J., (sha) 11.12.2023 5/5