Meer Hasanulla Sha Dargah Wakf v. The Chief Executive Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P(MD)No.29637 of 2023 Meer Hasanulla Sha Daragh Wakf rep. through its President ... Petitioner Vs

1. The chief Executive Officer, Tamil Nadu Wakf Board, Door.No.1, Jafar Sirang Street, Vallal Seethakathi Nagar, Chenni - 600 001.

2.The Commissioner of Police, Office of the Commissioner of Police, Trichy.

3.The Inspector of Police, Thillainagar Police Station, Thillainagar, Trichy District.

4.The Superintendent of Wakf, Tamil Nadu Wakf Board, Trichy District, Trichy.

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5.R.Rathish 6.S.Saravanan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd respondent to direct the 3rd respondent to give necessary protection to the petitioner in continuation of the order in I.A.Nos. 569 and 570 of 2023 in O.A.No.76 of 2023, dated 22.09.2023 on the file of the Wakf Tribunal, Chennai and on the representation, dated 14.11.2023 sent by the 4th respondent to the respondents 2 and 3 by considering his representations, dated 14.11.2023 within the period stipulated by this Court. For Petitioner : Mr.A.Mohaideen For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This Writ Petition has been filed for issuing a direction to the 2nd respondent to direct the 3rd respondent to give necessary protection to the petitioner in pursuance of the order in I.A.Nos. 569 and 570 of 2023 in O.A.No.76 of 2023, dated 22.09.2023 on the file of the Wakf Tribunal, Chennai and on the representation, dated 14.11.2023 sent 2/5

by the 4th respondent to the respondents 2 and 3 by considering his representations, dated 14.11.2023 within the period stipulated by this Court.

2. The learned counsel appearing for the petitioner submitted that the order was passed by the Wakf Tribunal, Chennai in I.A.Nos. 569 and 570 of 2023 in O.A.No.76 of 2023, dated 22.09.2023 granting interim injunction, in favour of the petitioner. In spite of the above said interim order passed by the Tribunal, the private respondents are giving continuous trouble to the petitioner and hence, seeks police protection.

3. The learned Additional Public Prosecutor would submit that during the course of enquiry in the earlier complaint given by the petitioner, it was found that the property belongs to Society and the petitioner is making trouble to the private respondents.

4. It is not a matter for this Court to give a direction to the concerned respondent police to consider the representation of the petitioner. Since the issue is pending before the Tribunal, the petitioner can very well approach the Tribunal concerned for further orders. 3/5

5. With the above observation, this Writ Petition is dismissed. No costs.

14.12.2023 Index : Yes / No Internet : Yes / No trp To

1. The chief Executive Officer, Tamil Nadu Wakf Board, Door.No.1, Jafar Sirang Street, Vallal Seethakathi Nagar, Chenni - 600 001.

2.The Commissioner of Police, Office of the Commissioner of Police, Trichy. 3.The Inspector of Police, Thillainagar Police Station, Thillainagar, Trichy District.

4.The Superintendent of Wakf, Tamil Nadu Wakf Board, Trichy District, Trichy.

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

G.ILANGOVAN, J trp 4/5

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