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Madras High CourtWP Crl./1206/2025dismissed

M.R.Kaja Moidheen v. The Inspector Of Police

2025-10-29Honourable Mr Justice A.D.Jagadish Chandira5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2025

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA W.P.(Crl.)No.1206 of 2025 M.R.Kaja Moidheen ... Petitioner Vs.

The Inspector of Police, Pallavaram Police Station, Pallavaram, Chennai - 600 043.

... Respondent PRAYER : Writ Petition (Criminal) is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus or direction in the nature of writ, to direct the respondent to provide necessary police protection to conduct the Sandal and Urus celebration to the saint Hajrath Puthu Saheed @ Hajrath Syed Bathrudheen Saheed, scheduled on 01.11.2025 vide representation dated 15.10.2025.

For Petitioner : Mr.Y.Kajanavas For Respondent : Mr.K.M.D.Muhilan Additional Public Prosecutor For Intervenor : Mr.N.A.Nassir Hussain 1/5

O R D E R

The present Writ Petition (Criminal) has been filed seeking a direction to the respondent to provide necessary police protection to conduct the Sandal and Urus celebration to the saint Hajrath Puthu Saheed @ Hajrath Syed Bathrudheen Saheed, scheduled on 01.11.2025, on the basis of the petitioner's representation dated 15.10.2025. 2.

The case of the petitioner is that his ancestor, the saint Hajrath Puthu Saheed @ Hajrath Syed Bathrudheen Saheed, passed away 437 years ago. In remembrance of him and in recognition of his services to the people of that area, a dargah was constructed many years ago and the petitioner's family has been celebrating the Sandal and Urus of the saint every year for the past 400 years. In the previous years, the respondent Police had provided the required protection without any hesitation. However, since the petitioner's representation dated 15.10.2025 seeking police protection has not been considered till date, the present petition has been filed.

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3.

Learned Additional Public Prosecutor appearing for the respondent Police submitted that there are rival claims in respect of the management of the dargah. Based on the representation given by the petitioner, an enquiry was conducted and during such enquiry, it was found that another committee consisting of A.S.Mohamed Kasim and others had been authorized by the Waqf Board to manage the trust. He further submitted that even last year, the committee appointed by the Waqf Board had conducted the festival and without approaching the Waqf Board, the petitioner had directly approached the respondent Police seeking police protection. He also submitted that in the event of the Waqf board granting permission to the petitioner, necessary protection will be provided. Till such time, the respondent Police are unable to provide protection. 4.

Heard both sides and perused the materials available on record.

5.

Admittedly, there appears to be a rival claim between the parties and as submitted by the learned Additional Public Prosecutor, the rival group has been recognized by the Waqf Board to manage the affairs of 3/5

the dargah and they have been conducting Urus festival all along. In such circumstances, the relief sought by the petitioner cannot be granted. 6.

Accordingly, this Writ Petition (Criminal) stands dismissed. No costs.

29.10.2025 ham To 1.

The Inspector of Police, Pallavaram Police Station, Pallavaram, Chennai - 600 043.

2.

The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA , J.

ham 29.10.2025 5/5