Mohamed Suhail, v. The Home Secretary,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Tuesday, the Fifth day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN WMP(MD) No.1930 of 2019 IN WP(MD) No.2509 of 2019 MOHAMED SUHAIL ... PETITIONER/ PETITIONER Vs 1 THE HOME SECRETARY, GOVERNMENT OF TAMIL NADU, FORT ST.GEORGE, SECRETARIAT, CHENNAI-9.
2 THE CHIEF SECRETARY, TAMILNADU WAKF BOARD, VALLAL SEETHAKATHI NAGAR, CHENNAI.
3 THE DISTRICT COLLECTOR PUDUKKOTTAI DISTRICT, PUDUKKOTTAI.
4 THE REVENUE DIVISIONAL OFFICER ARANTHANGI, PUDUKKOTTAI DISTRICT.
5 THE DEPUTY SUPERINTENDENT OF POLICE, ARANTHANGI, PUDUKKOTTAI DISTRICT.
6 THE INSPECTOR OF POLICE, ARANTHANGI POLICE STATION, PUDUKKOTTAI.
7 THE MOHIDEEN ANDAVAR JUMMA PERIYA PALLIVASAL, AVUDAYAR KOVIL SALAI, ARANTHANGI, PUDUKKOTTAI DISTRICT.
(REP BY ITS SECRETARY) ... RESPONDENTS/ RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to issue an Interim Direction to the respondent 4 to 6 to adequate protection to the petitioner to execute the burial of his father namely Ajmeer Ali, S/o.Abdul Rahman aged 62 years at Muslims common burial ground, Saaku Masthan Kollai, K.K.Nagar, Kammangadu Road, Near Agni Bazar, Aranthangi Pudukkottai District until disposal of the main WP.
Prayer in WP(MD). 2509/ 2019 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Mandamus, directing the Respondents 1 to 6 to provide adequate protection to the Petitioner to execute the burial of his father namely Ajmeer Ali, S/o.Abdul Rahman aged 62 years at Muslims common burial ground, Saaku Masthan Kollai, K.K.Nagar, Kammangadu Road, Near Agni Bazar, Aranthangi Pudukkottai District.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.S.M.A.JINNAH, Advocate for the petitioner and of Mr.CHELLAPANDIAN, Additional Advocate General assisted by Mr.M.RAJARAJAN, Advocate for R1 & R3 to R6 and Mr.MOHIDEEN BASHA, Advocate for R2 and Mr.T.LENIN KUMAR, Advocate for R7, the court made the following order:- Heard the learned counsel on either side.
2. The official respondents are directed to permit the burial of the body of Late Ajmeer Ali in Town survey No.12.2, 12.4, Old Survey No.9/1 and 9/8 of Aranthangi Town & Taluk, Pudukkottai District that belongs to Tamilnadu Thouhith Jamath. sd/- 05/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE HOME SECRETARY, GOVERNMENT OF TAMIL NADU, FORT ST.GEORGE, SECRETARIAT, CHENNAI-9.
2 THE CHIEF SECRETARY, TAMILNADU WAKF BOARD, VALLAL SEETHAKATHI NAGAR, CHENNAI.
3 THE DISTRICT COLLECTOR PUDUKKOTTAI DISTRICT, PUDUKKOTTAI.
4 THE REVENUE DIVISIONAL OFFICER ARANTHANGI, PUDUKKOTTAI DISTRICT.
5 THE DEPUTY SUPERINTENDENT OF POLICE, ARANTHANGI, PUDUKKOTTAI DISTRICT.
6 THE INSPECTOR OF POLICE, ARANTHANGI POLICE STATION, PUDUKKOTTAI.
+1CC TO Mr.S.M.A.JINNAH, Advocate, Sr No.2414
ORDER
IN WMP(MD) No.1930 of 2019 IN WP(MD) No.2509 of 2019 Date :05/02/2019 MS/PN/SAR-2/05.02.2019/3P.7C