Madras High Court
N.Mohammed Abbas Maraikkayar vs Tamil Nadu Waqf Board on 10 August, 2023
W.P.(MD)No.16361 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.08.2023
CORAM
THE HONOURABLE DR.JUSTICE D.NAGARJUN
W.P.(MD)No.16361 of 2023
N.Mohammed Abbas Maraikkayar ... Petitioner
Vs
1.Tamil Nadu Waqf Board,
Represented by its Chief Executive Officer,
No.1, Jaffar Syrang Street, Vallal Seethakadi Street,
Chennai-1.
2.The District Collector,
Thanjavur Collectorate Campus, Thanjavur.
3.The Superintendent of Police,
O/o. the Superintendent of Police,
Thanjavur.
4.The Deputy Superintendent of Police,
O/o. the Deputy Superintendent of Police,
Pattukkottai, Thanjavur District.
5.The Revenue Divisional Officer,
O/o. the Revenue Divisional Officer,
Pattukkottai, Thanjavur District.
6.The Inspector of Police,
Athirampattinam Police Station,
Athirampattinam, Thanjavur District.
7.SyedSalahuddin ...Respondents
(Respondent No.7 is impleaded vide Court Order dated 21.07.2023 in W.M.P.
(MD).No.14391 of 2023 in W.P.(MD).No.16361 of 2023)
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W.P.(MD)No.16361 of 2023
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, directing respondent Nos.3, 4 and 6 to provide
police protection to conduct 584th year Kanthuri Festival at Hazrath Haja Sheik
Alavudeen Dharga, situated on Beach Street in Yeripurai Village in
Pattukkottai, Thanjavur District, from 15.08.2023 to 31.08.2023 in the light of
the Judgment in W.O.P.No.12 of 2009, dated 16.09.2016 and the letter passed
by the respondent No.1, dated 04.08.2022.
For Petitioner : Mrs.T.Seeni Syed Amma
For R-1 : No Appearance
For R-2 to R-6 : Mr.B.Thanga Aravindh
Government Advocate (Criminal Side)
ORDER
This Writ Petition is filed under Article 226 of the Constitution of
India seeking for a Mandamus under Article 226 of the Constitution of India
directing respondent Nos.3 to 6 / Police to permit the petitioner to conduct 584th
year Kanthuri Festival at Hazrath Haja Sheik Alavudeen Dharga, situated on
Beach Street in Yeripurai Village in Pattukkottai, Thanjavur District, from
15.08.2023 to 31.08.2023.
2. Mr.D.S.Haroon Rasheed, Advocate, who has taken notice for
respondent No.1, is not present.
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W.P.(MD)No.16361 of 2023
3. Earlier order, dated 06.07.2023, passed by this Court, is
extracted hereunder:
“3. It is submitted by the learned
counsel for the petitioner that as per the order in
W.O.P.No.12 of 2009, the petitioner is declared as
a hereditary trustee, who can conduct the Urus
during the festive season and for the rest of the
year, the Committee constituting from four groups
will have to manage the Dharga. It is submitted
that an application filed by the petitioner seeking
to provide police protection and bandobust for
conducting Urus has not been disposed of.
Learned counsel for the respondent Wakf Board
has submitted that earlier the Wakf Board also
permitted the petitioner to conduct the Urus, but,
subsequently, disputes arose among rival groups.”
4. Considering the circumstances, since learned Government
Advocate (Criminal Side), after having gone through the orders in W.O.P.No.12
of 2009, has reported that the Police have no objection for giving permission to
conduct Urus in Hazrath Haja Sheik Alavudeen Dharga as per the orders in
W.O.P.No.12 of 2009, the respondent Police are directed to provide permission
to the petitioner to conduct 584th year Kanthuri Festival at Hazrath Haja Sheik
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W.P.(MD)No.16361 of 2023
Alavudeen Dharga only during the Urus festival and the respondent Police are
further directed to impose conditions as required keeping in view of law and
order problem and other issues prevailing while permitting the permission for
the petitioner to conduct Urus festival from 15.08.2023 to 31.08.2023.
5. Accordingly, this Writ Petition stands disposed of. No costs.
10.08.2023
NCC:yes/no
Index:yes/no
Internet:yes/no
tsg
To
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.16361 of 2023
1.The District Collector,
Thanjavur Collectorate Campus, Thanjavur.
2.The Superintendent of Police,
O/o. the Superintendent of Police,
Thanjavur.
3.The Deputy Superintendent of Police,
O/o. the Deputy Superintendent of Police,
Pattukkottai, Thanjavur District.
4.The Revenue Divisional Officer,
O/o. the Revenue Divisional Officer,
Pattukkottai, Thanjavur District.
5.The Inspector of Police,
Athirampattinam Police Station,
Athirampattinam, Thanjavur District.
6.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.16361 of 2023
DR.D.NAGARJUN, J.
tsg
W.P.(MD)No.16361 of 2023
10.08.2023
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