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2014 DIGILAW 2572 (MAD)

Janab A. Mohamed Ibrahim v. Commissioner of Police, Madurai

2014-08-12

N.KIRUBAKARAN

body2014
Judgment 1. The petitioner seeks a direction to the respondents police for police protection for distribution of cooked up Briyani to the Members of Goripalayam Muslim Melakara Jamath Uravin Murai on 17.08.2014 at the building of Arabi Madarsha situated at No.3, Mohamadiar Street, Goripalayam, Madurai. 2. The petitioner is elected as the Secretary of the Wakf Jamath, called, Goripalayam Muslim Melakara Jamath Uravin Murai and there is a dispute pending before the Wakf Board in W.O.P.No.7 of 2011 by the opposite party seeking declaration that they are the founder members and Nattanmaikarars and the matter is pending before the Wakf Board and no order has been passed. In the last year, the petitioner sought for a similar direction by way of the writ petition in W.P(MD)No.13933 of 2013 and this Court, by an order, dated 22.08.2013, passed the following order: “10. In view of that, the petitioner is at liberty to distribute briyani to the members of Goripalayam Muslim Melakara Jamath Uravin Murai on 23.08.2013. It is the duty of the respondents police to give police protection and to see that no untoward incident occurred. 11. For proper and orderly distribution of briyani and to prevent any untoward incident, the petitioner is directed to put up appropriate barricades. This order is only interim in nature, pending orders from the Wakf Tribunal. This order will be subject to result of any order to be passed by the Wakf Tribunal. The order of this court is neither victory of the petitioner, nor failure or loosing of the case by the intervenors, and it is only an interim arrangement and no one should be allowed to use crackers and all other things.” 3. It is submitted that as per the order of this Court passed in the writ petition, Briyani was also distributed and there was no law and order problem arisen. Therefore, there will not be any problem to pass the similar order for this year also. 4. In view of that, the petitioner is at liberty to distribute Briyani to the members of the Goripalayam Muslim Melakara Jamath Uravin Murai on 17.08.2014 at the building of Arabi Madarsha situated at No.3, Mohamadiar Street, Goripalayam, Madurai, on 17.08.2014 and the respondents police are directed to give adequate police protection and see that no untoward incident occurs. To prevent any untoward incident, the petitioner is directed to put up appropriate barricades. 5. To prevent any untoward incident, the petitioner is directed to put up appropriate barricades. 5. With the above direction, the Criminal Original Petition is disposed of.