Mohamed Jabarullah, v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Mohamed Jabarullah ... Petitioner Vs.

1.The Revenue Divisional Officer, Tenkasi, Tirunelveli District.

2.The President, Tamil Nadu Towheed Jamath, Kadayanallur Town Branch, Kadayanallur, Tirunelveli District.

3.Masjithul Mubarak Jamath, SMP Complex, No. 149C, Main Bazar, Kadayanallur, Tirunelveli District.

4.Makdoom Gnaniyar Pallivasal, Represented by its President, T.N.S.Ismail Mohideen.

... Respondents (R4 is impleaded vide order dated 12.07.2023 in M.P.(MD)No.1 of 2015 in W.P.(MD)No.6018 of 2015 by GRSJ) 1/6

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st Respondent to grant permission to the Petitioner to conduct prayer on the Ramzan and Bakrid days of festival in the ground in Survey No. 272

(2) and 272 (1) considering the Petitionr s representation dated 12.03.2015.

For Petitioner : Mr.K.Chengiz Khan For Respondents : Mr.S.RA.Ramachandran, Addl. Government Pleader for R1.

Mr.M.Senthilkumar for R2.

Mr.G.Prabhu Rajadurai for R3 Mr.K.Vadivelu, For Mr.A.S.Mujibur Rahman for R4.

ORDER

Heard the learned counsel on either side.

2.In Kadayanallur Town, there is more than one Jamath. Dispute has arisen between the petitioner Jamath and the Towheed Jamath as 2/6

regards the timings for conducting prayers on festival days such as Ramzan and Bakrid in the municipal ground.

3.The petitioner has fairly stated that they are amenable for any arrangement that may be made by the first respondent. In other words, the petitioner is ready to adhere to the time slot that may be allotted by the first respondent. They only want permission to conduct prayers in the municipal ground on the said festival days (Ramzan and Bakrid). 4.No exception can be taken to the petitioner's request. The second respondent cannot be heard to say that the petitioner should not be allowed to offer their prayers.

5.The first respondent shall allot the prayer timings appropriately and suitably for the petitioner and the second respondent. The learned counsel for the respondents 3 and 4 state that they will join with the petitioner for prayers. The first respondent can also apply the rotation formula. For instance, if 06.00 pm to 07.00 pm is allotted for the second respondent for this year and the petitioner is called upon to take the time 3/6

slot between 07.00 pm to 08.00 pm, for the next year, it can be reversed. The timings allotted to the petitioner and the second respondent shall be of equal duration. It is open to the first respondent to stipulate appropriate conditions to ensure smooth conduct of the events. 6.This writ petition is disposed of accordingly. No costs. 12.07.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- The Revenue Divisional Officer, Tenkasi, Tirunelveli District.

4/6

5/6

G.R.SWAMINATHAN, J.

ias 12.07.2023 (2/2) 6/6