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Madras High CourtWP(MD)/18219/2020dismissed

Peer Masthan v. The Commissioner Of Police

2022-02-10Honourable Mr Justice N. Sathish Kumar2 pages

W.P.(MD)No.18219 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD)No.18219 of 2020 and W.M.P.(MD)No.15210 of 2020 Peer Masthan ... Petitioner Vs.

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

2.The Inspector of Police, Pettai Police Station, Pettai, Tirunelveli District.

3.Paul Mydeen 4.Mary Roselin 5.Hari Raman 6.Sintha Sheik Mathar

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the respondents 1 and 2 to provide adequate police protection for the petitioner's life and limb and also in maintaining and enjoying the property bearing T.S.No.82/1 situated at Old Pettai, Kandiyaperi Village, Tirunelveli District measuring to an extent of 1 Acre 15 cents as a tenant forthwith pursuant to the petitioner's representation, dated 10.11.2020.

For Petitioner : No Appearance For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor for R1 and R2 Mr.P.Senthurpandian for R4 No Appearance for R3, R5 and R6

ORDER

This Writ Petition is filed seeking a direction to the respondents 1 and 2 to provide adequate police protection to the petitioner's life and limb and also to allow the petitioner to enjoy the property bearing T.S.No.82/1 situated at Old Pettai, Kandiyaperi Village, Tirunelveli District.

2.When the matter was taken up for hearing, there is no appearance on behalf of the petitioner.

3.In the affidavit filed in support of this writ petition, indicates that a suit has already been filed before the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.18219 of 2020 Jurisdictional Civil Court. The entire dispute appears to be, with regard to the management of the Mosque.

4.The learned Additional Public Prosecutor would submit that the entire dispute is, with regard to the management of the Mosque and the matter has already referred to the Wakf Board by the civil Court. Hence, no blanket order can be granted in this petition. 5.As rightly pointed out by the learned Additional Public Prosecutor that the dispute itself with regard to the management of the Mosque, the petitioner cannot seek a blanket direction from this Court. This remedy lies elsewhere.

6.Accordingly, the Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) sji Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Commissioner of Police, Tirunelveli City, Tirunelveli.

2.The Inspector of Police, Pettai Police Station, Pettai, Tirunelveli District.

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

W.P.(MD)No.18219 of 2020 10.02.2022 MK/22.02.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2