Al-Lajanathud Deeniya Waqf v. The Additional Registrar /
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Thursday, the Thirty First day of May Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.V.MURALIDARAN WMP(MD) No.10677 of 2018 IN WP(MD) No.11770 of 2018 AL-LAJANATHUD DEENIYA WAQF THRO ITS MUTHAWALLI, M.J.S.SULTHAN, REPRESENTED THROGH HIS POWER AGENT, M.MOHAMED SIDDIQUE RAJA.
... PETITIONER Vs 1 THE ADDITIONAL REGISTRAR/ MANAGING DIRECTOR, N.V.NATARAJAN MAALIGAI, 170, PERIYAR EVR HIGH ROAD, KILPAUK, CHENNAI - 600 010 2 THE DEPUTY REGISTRAR, 15, MELUR MAIN ROAD, OPP. TO TIRUVALLUR BUS STOP, MADURAI - 20 3 THE SPECIAL OFFICER, THE COLLECTOR OFFICE CAMPUS, K.K.NAGAR, MADURAI - 20 4 THE COMMISSIONER OF POLICE, MADURAI CITY, MADURAI.
5 THE INSPECTOR OF POLICE, B-1, VILAKUTHOON POLICE STATION, MADURAI CITY.
6 J.RAJA ... RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to direct the 4th and 5th respondents to give police protection to the petitioner based on his complaint dated 02.05.2018 to his life and limb as against the illegality of the 6th respondent and his henchmen pending disposal of the writ petition.
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.C.M.ARUMUGAM, Advocate for the petitioner and of Mr.VR.SHANMUGANATHAN, Special Government Pleader for R1 to R5, While admitting the WP, the court made the following order:- I heard the learned counsel appearing for the petitioner and perused the entire records.
2.The learned counsel for the petitioner would submit that the petitioner namely, Al-Lajanathud Deeniya Waqf, is trust which is represented by its power agent and the said trust rented out a property to the 6th respondent more than 6,000/- sq feet at door No. 30 and 31 of Gajiyar lane Madurai-1. Since the 6th respondent Cooperative society was a defaulter in paying the monthly rent, appropriate proceedings was initiated and as on date more than several lakhs of rupees is pending as arrears. In the meanwhile, the Society retained only about 1,500 square feet and handed over the remaining western portion with the custody of trust. When the men of the trust to do some work in the property which was surrendered them, the 6th respondent threatened the men of the trust. 3.It is seen from the records that a statement of objection filed in RCOP.
No.263 of 2007, the 6th respondent admitted that the western portion of the building handed over to the petitioner. Once, the possession is entrusted and the same is admitted by the 6th respondent in the RCOP proceedings, the ingress and egress of the petitioner to the particular portion of the property shall not be prevented or threatened. Here complaint was lodged in this regard by the petitioner, but no action is taken. Hence, prima facie, the relief sought for by the petitioner for police protection for his life and limb is hereby ordered accordingly and the respondents 4 and 5 are directed to provide adequate police protection to the petitioner for his life and limb based on his representation dated 02.05.2018. Accordingly, the WMP(MD)No.10677 of 2018 is allowed. sd/- 31/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.)
Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE ADDITIONAL REGISTRAR/ MANAGING DIRECTOR, N.V.NATARAJAN MAALIGAI, 170, PERIYAR EVR HIGH ROAD, KILPAUK, CHENNAI - 600 010
2 THE DEPUTY REGISTRAR, 15, MELUR MAIN ROAD, OPP. TO TIRUVALLUR BUS STOP, MADURAI - 20 3 THE SPECIAL OFFICER, THE COLLECTOR OFFICE CAMPUS, K.K.NAGAR, MADURAI - 20 4 THE COMMISSIONER OF POLICE, MADURAI CITY, MADURAI.
5 THE INSPECTOR OF POLICE, B-1, VILAKUTHOON POLICE STATION, MADURAI CITY.
+1. C.C. to Mr.C.M.ARUMUGAM Advocate SR.No.9300
ORDER
IN WMP(MD) No.10677 of 2018 IN WP(MD) No.11770 of 2018 Date :31/05/2018 MS/PN/VK/04.06.2018/3P.7C