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Madras High CourtWP(MD)/11938/2015disposed of

Hasan Akbar Sheith v. The Commissioner Of Police

2015-07-15Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.07.2015

CORAM:

THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH Writ Petition(MD)No.11938 of 2015 Hasan Akbar Sheith ... Petitioner Vs.

1.The commissioner of Police, Tirunelveli City, Tirunelveli.

2.The Inspector of Police, Melapalayam Police Station, Melapalayam, Tirunelveli City.

... Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the first respondent to give suitable direction to the second respondent to give permission and police protection to the "Ramzan Special Worship and Prayer" at Hameempuram, South Street Ground, Nethaji Road, Melapalayam, Tirunelveli City on 17.07.2015 and 18.07.2015 based on the petitioner's representation dated 04.07.2015.

For Petitioner : Mr.S.Selvakumar For Respondents : Mr.M.Murugan Government Advocate For Intervenor : Mr.D.Nallathambi For M/s.V.Meenakshisundaram

O R D E R

Seeking for a direction to the respondents to provide permission and protection to the "Ramzan Special Worship and Prayer" at Hameempuram, South Street Ground, Nethaji Road, Melapalayam, Tirunelveli City on 17.07.2015 and 18.07.2015 based on his representation dated 04.07.2015, the petitioner has come forward with this writ petition.

2. Heard the learned counsel appearing for the petitioner, the learned counsel appearing for the intervenor and the learned Government Advocate appearing for the respondents.

3. When the matter is taken up for hearing today, the learned counsel for the petitioner submitted what the petitioner seeks is to have the "Ramzan Special Worship and Prayer" in a peaceful manner. He further https://hcservices.ecourts.gov.in/hcservices/

submitted that representations have been given on various dates to the respondents to that effect. Even in the last year such a prayer was conducted. Therefore, he prayed that proper orders will have to be passed.

4. The learned Counsel appearing for the intervenor submitted that there is an inter-se dispute between the parties. There is a Civil Suit pending at the instance of the petitioner, apart from the proceedings initiated under Section 145 Cr.P.C. which has also been challenged before this court. Therefore, this discretion shall not be exercised.

5. Per contra, the learned counsel for the petitioner submitted that it is the petitioner, who has conducted the function last year and the intervenor has not conducted the same.

6. The learned Government Advocate on instructions, would submit that a peace committee meeting was held by the Tahsildar on 14.07.2015, in which five resolutions have been passed. It has also been agreed that both parties can have the "Ramzan Special Worship and Prayer"at different places as found unobjectionable by the police. It is also recorded that both the parties shall not indulge in law and order problem in the disputed place.

7. It appears that the peace committee meeting has been held after the filing of the Writ Petition. Both the parties have attended the peace committee meeting. Taking note of the resolutions passed without expressing any opinion on the fact that there is an inter-se dispute between the two groups, this court is of the view that neither the petitioner nor the opposite party shall be permitted to have the "Ramzan Special Worship and Prayer" in the disputed place.

8. Therefore the parties will have to comply with the decision arrived at the peace committee meeting by chosing unobjectionable places for the above said purpose to the satisfaction of the respondents. After doing so, the respondents will have to give proper permission to the respective parties to have the "Ramzan Special Worship and Prayer".

9. With the above direction, this Writ Petition is disposed of. It is made clear that this order is passed without prejudice to the rights of the parties in the Criminal Original Petition or the Civil Suit. No costs. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The commissioner of Police, Tirunelveli City, Tirunelveli. 2.The Inspector of Police, Melapalayam Police Station, Melapalayam, Tirunelveli City.

+1cc to M/S.S.Selvakumar, Advocate in SR.No 38683 TS/ 15.07.2015/2P - 4C W.P(MD)No.11938 of 2015 15.07.2015 https://hcservices.ecourts.gov.in/hcservices/