Madras High Court
A.B.F.Rahamathullah vs The Inspector Of Police on 25 February, 2021
W.P.No.3250 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 25.02.2021
CORAM :
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA
W.P.No.3250 of 2021
A.B.F.Rahamathullah,
S/o.Late Hajrat Faizeeshah Noori ...Petitioner
Vs.
1.The Inspector of Police,
Law and Order,
Kattumannarkoil,
Cuddalore District.
2.The Superintendent of Police,
Cuddalore,
Cuddalore District.
3.M.A.Fathaudheen,
S/o.Abdul Ajeeth (Given up by the petitioner)
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, 1950 praying to issue a writ of Mandamus, directing the 1st and 2nd
respondent police to provide police protection to conduct and perform
religious festival of “URS Festival” and other related religious ceremonies
to be held between 04.03.2021 to 06.03.2021 by considering the
petitioner's representation dated 21.01.2021.
1/7
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W.P.No.3250 of 2021
For Petitioner : Mr.B.Vijay
For R-1 & R-2 : Mr.T.Shunmugarajeswaran,
Government Advocate (Crl.Side)
ORDER
Writ Petition has been filed by the petitioner seeking to issue a
writ of Mandamus, directing the 1st and 2nd respondent police to provide
police protection to conduct and perform religious festival of “URS
Festival” and other related religious ceremonies to be held between
04.03.2021 to 06.03.2021 by considering the petitioner's representation,
dated 21.01.2021
2.The learned counsel appearing for the petitioner would
submit that the petitioner is the son of Late Hajrat Faizeeshah Noori,
who died on 26.08.2005. The mortal remains of his father is buried in the
property owned by him and thereafter in the year 2006, the petitioner
conducted “URS” Festival of his father. During the year 2007, there was
an objection by a group of persons under the leadership of the late
M.A.Fathaudheen, on the ground that the petitioner's father's body was
buried without obtaining due permission from the Town Panchayat.
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W.P.No.3250 of 2021
Hence the petitioner filed a petition in Crl.O.P.No.22570 of 2007, before
this Court seeking for police protection to conduct the festival of “URS”
and this Court by an order dated 26.07.2007 had directed the police to
grant protection to conduct the festival during the period between
03.08.2007 and 05.08.2007. Thereafter, the said M.A.Fathaudheen and
his men filed two suits in O.S.No.50 of 2008 and O.S.No.45 of 2008,
before the Subordinate Court, Chidambaram, to remove the mortal
remains of the petitioner's father and they had also sought for a
declaration that the petitioner and others are not entitled to perform URS
and other religious function in the said disputed property and the said
suits were decreed by the Judgment and order dated 21.12.2016. Against
which, the petitioner had filed appeal suits in A.S.No.40 of 2016 and
A.S.No.41 of 2016, on the file of the learned Additional District and
Sessions Judge, Chidambaram, and they were also dismissed by the
Judgment and order dated 29.01.2019. Against the concurrent finding of
both the Courts below, the petitioner has filed second appeals in
S.A.No.1001 of 2019 and S.A.No.1002 of 2019 and this Court by an
order dated 21.01.2020 in CMP Nos.21548, 21549, 21559 & 21561 of
2019 had granted stay of the operation of the Judgment and decree and
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W.P.No.3250 of 2021
also granted stay for removing the mortal remains of the petitioner's
father from the disputed property. He would submit that this Court taking
into consideration, that the mortal remains of the petitioner's father have
not been removed from the place of burial and finding that the Civil
Court's decree have not been executed till date, earlier in Crl.O.P.No.7975
of 2016 dated 21.04.2016 and Crl.O.P.No.6829 of 2019, dated
26.03.2019 had directed the respondent police to provide police
protection to the petitioner and his men to conduct URS festival in the
disputed place pursuant to which, the petitioner had been conducting
URS festival every year without any disturbance to anybody.
3.However, he would fairly submit that this Court taking into
consideration the objection of the opposite party had permitted the
petitioner to perform the URS festival without certain rituals viz., flag
hoisting, sandal sprinkling and performing of Kawali songs. He would
submit that in view of the earlier orders passed by this Court, the
petitioner has approached this Court seeking for protection and would
pray that a direction may be issued to the respondents to grant police
protection to the petitioner and his men to conduct the URS festival. The
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W.P.No.3250 of 2021
learned Counsel would further submit that the petitioner came to
understand that very recently the 3rd respondent has passed away due to
covid-19 and thereby he is giving up the 3rd respondent in this writ
petition.
4.The learned Government Advocate (Crl.Side) representing
the respondent would submit that on the earlier occasions this Court in
Crl.O.P.No.7973 of 2016, dated 21.04.2016 and Crl.O.P.No.6829 of
2019, dated 26.03.2019 had directed the respondents to provide police
protection to the petitioner to conduct the URS Festival, in the burial
place of the petitioner's father on payment of necessary charges and
would submit that the respondents are prepared to provide necessary
police protection to the petitioner herein.
5.Considering the above facts and circumstances and also
taking into consideration the submissions made by the learned
Government Advocate the first and second respondents are hereby
directed to provide police protection to the petitioner to conduct the 16 th
URS Festival between 04.03.2021 and 06.03.2021 in the burial place of
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W.P.No.3250 of 2021
the petitioner's father viz., Hajrat Faizeeshah Noori on payment of
necessary charges forthwith. The petitioner shall not conduct the rituals
of flag hoisting, sandal sprinkling and perform Kawali songs at during
the festival. The first respondent is also directed to ensure that the law
and order is maintained in the place of festival and if any untoward
incident happens, the first respondent is at liberty to proceed in
accordance with law.
6.With the above directions, the Writ Petition stands allowed.
25.02.2021
Index:Yes/No
Internet:Yes/No
ssi
Note: Issue Order Copy today.
To
1.The Inspector of Police,
Law and Order,
Kattumannarkoil,
Cuddalore District.
2.The Superintendent of Police,
Cuddalore,
Cuddalore District.
3.The Public Prosecutor,
High Court of Madras.
http://www.judis.nic.in
W.P.No.3250 of 2021
A.D.JAGADISH CHANDIRA, J.
ssi
W.P.No.3250 of 2021
25.02.2021
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