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Madras High CourtWP(MD)/18893/2017dismissed

M.Shakul Hameed v. The District Collector

2024-01-02Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI M.Shakul Hameed ... Petitioner Vs 1.The District Collector, Tiruchirappalli District, Tiruchirappalli.

2.The Additional Superintendent of Police, Armed Reserve Police, Subramaniapuram, Tiruchirappalli - 620 020.

3.The Director General of Police-cum The Chairman, Tamil Nadu Police Housing Corporation Ltd., Royapettah, Chennai - 600 014.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to grant us the permission to perform Sandhana Kuda festival in the petitioner's Mahaboob Sugani Dargah in the 1/5

Armed Reserve Police Quarters in Subramaniapuram of Tiruchirappali Town as usual and to perform daily worship in the said Mahabook Sugani Dargah by considering his representation, dated 14.06.2017.

For Petitioner : No appearance For R1 : Mrs.D.Farjana Ghoushia Special Government Pleader For R2 & R3 : Mr.Vaikkam Karunanidhi Government Advocate

O R D E R

The petitioner claiming to be a Managing Trustee of Mahaboob Sugani Dargah, situated in the Armed Reserve Police Quarters, Subramaniapuram, Tiruchirappali Town has submitted a representation seeking permission from the first respondent to perform Sandhana Kuda festival in the said Dargah and also filed this writ petition for a Mandamus, directing the first respondent to grant permission for the same.

2.The case of the petitioner is that a Muslim Dargah was established in Armed Reserve Police Quarters, Subramaniapuram, 2/5

Trichy Town by the petitioner's grand father, one Ghulan Mohideen, who was a retired constable. According to the petitioner, he is now maintaining the said Dargah as the Managing Trustee of the Mohideen Andavar Charitable Trust and the Sandhana Kuda festival is performed in the said Dargah from the year 1974 every year. As such, for performing the festival in the year 2017, the petitioner has submitted a representation and filed this writ petition. 3.Today(02.01.2024), when this writ petition is taken up for hearing, there is no representation for the petitioner. The learned Special Government Pleader appearing for the first respondent by referring the proceedings of the District Collector, dated 25.02.2009 submits that the request of this petitioner for performing Sandhana Kuda festival was already rejected and thereafter, no such festival has been conducted in the said Dargah. She further submits that the petitioner died on 10.12.2022 and a copy of his death certificate has also been produced before this Court.

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4.Since there is no representation for the petitioner and it is reported that the petitioner died in the year 2022 and also taking into consideration of the submission made by the learned Special Government Pleader that the request of the petitioner was already rejected, this writ petition is dismissed. No costs. 02.01.2024 NCC: Yes/No Index:Yes/No Internet:Yes vrn To 1.The District Collector, Tiruchirappalli District, Tiruchirappalli.

2.The Additional Superintendent of Police, Armed Reserve Police, Subramaniapuram, Tiruchirappalli - 620 020.

3.The Director General of Police-cum The Chairman, Tamil Nadu Police Housing Corporation Ltd., Royapettah, Chennai - 600 014.

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B.PUGALENDHI, J.

vrn Order made in 02.01.2024 5/5