Ali Masthan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :03.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL W.P.(MD)No.5529 of 2025 Ali Masthan ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District.

2.The Deputy Superintendent of Police, Kariakudi, Sivagangai District.

3.The Inspector of Police, Karaikudi South Police Station, Karaikudi, Sivagangai District.

... Respondents 1/6

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to accord necessary police protection to the petitioner for peaceful administration of the A1 Masjithunur Pallivasal Wakf as sought vide representation dated 14.02.2025. For Petitioner : Mr.N.A.Nassir Hussain For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor For Intervener : Mr.M.Mahaboob Athiff

O R D E R

This writ petition has been filed seeking for a direction to the respondents 1 to 3 to accord necessary police protection to the petitioner for peaceful administration of the A1 Masjithunur Pallivasal Wakf as sought vide representation dated 14.02.2025.

2.According to the petitioner, the petitioner is the administrator of A1 Masjidunur Pallivasal, Karaikudi, and the committee was constituted by way of 2/6

election on 29.09.2024. Now, some persons are attempting to interfere with the management of the Pallivasal and therefore, the petitioner made a representation to the respondents 1 to 3 on 14.02.2025 and the same has not been considered. Hence, the present Writ Petition.

3.Learned Additional Public Prosecutor appearing for the respondents would submit that the representation of the petitioner is under consideration and that the respondents will dispose of the representation within a period of one [1] week.

4.Mr.M.Mahaboob Athiff, learned Counsel represented that he is the intervener in this Writ Petition but so far, not filed any application. He also opposed to allow this Writ Petition, since election matters will not come under the purview of Article 226 of the Constitution of India. 5.This Court heard both sides and perused the records placed before this Court.

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6.This Court, considering the prayer sought for in this petition, without going into the merits of the issues between the parties, directs the third respondent to dispose of the representation of the petitioner dated 14.02.2025, after giving opportunity to both the parties in accordance with law, within a period of one [1] week from the date of receipt of a copy of this order. 7.With the aforesaid direction, this Writ Petition stands disposed of. There shall be no order as to costs.

03.03.2025 Index :

Yes / No MR 4/6

To 1.The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District.

2.The Deputy Superintendent of Police, Kariakudi, Sivagangai District.

3.The Inspector of Police, Karaikudi South Police Station, Karaikudi, Sivagangai District.

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P.DHANABAL, J.

MR Order made in W.P.(MD)No.5529 of 2025 Dated:

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