Madras High CourtCRL OP(MD)/4255/2017withdrawn dismissed

Hazrat Meer Hasanulla Wakf v. The Revenue Divisional Officer

2019-07-02Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 02.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD).No.4255 of 2017 Hazrat Meer Hasanulla Wakf represented by its Muthavalli, Nazer Basha.

... Petitioner -Vs1.The Revenue Divisional Officer, Tiruchirapalli.

2.The Inspector of Police, Thillai Nagar Police Station, Trichy District.

3.Karmegam 4.Muthukumar R3 and R4 impleaded as per order of this Court made in Crl.M.P.(MD).No.11108 of 2017 in Crl.O.P. (MD).No.4255 of 2017, dated 02.02.2018.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., for a direction to the second respondent to accord adequate police protection to the properties of Hazrat Meer Hasanulla Wakf inclusive of the shop situated in T.S.No.6, Thennur, Trichy District for enabling its tenant to function his business therein.

For Petitioner :

Mr.R.Anand For R1 & R2 :

Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side) For R3 & R4 :

Mr.D.Sadiq Raja

O R D E R

The criminal original petition has been filed seeking a direction to the second respondent to accord adequate police protection to the properties of Hazrat Meer Hasanulla Wakf. https://hcservices.ecourts.gov.in/hcservices/

2. The grievance of the petitioner is that, as a Muthavalli the petitioner is managing the Wakf property and the respondents 3 and 4 are claiming right over the property and interfered with the possession. Hence, this petition has been filed.

3. The learned Government Advocate (Crl.side) on instructions would submit that already the proceedings under Section 145 Cr.P.C., has been initiated by the learned Executive Magistrate and also ordered status quo.

4. Recording the submission made by the learned Government Advocate (Crl.side) that already 145 Cr.P.C., proceedings has been initiated by the learned Executive Magistrate and interim order of status quo has been passed, the relief sought for by the petitioner cannot be granted at this stage. Hence, this criminal original petition is dismissed.

Sd/- Assistant Registrar (AD-II) // True Copy // Sub Assistant Registrar(CS) To 1.The Revenue Divisional Officer, Tiruchirapalli.

2.The Inspector of Police, Thillai Nagar Police Station, Trichy District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.D.SADIQ RAJA, Advocate( SR-73146[F] dated 03/07/2019 ) AKV Crl.O.P.(MD).No.4255 of 2017 02.07.2019 KM/(22.07.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/