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2025 DAILYLAW 173585 (MAD)

SUNNATHVAL JAMATH WELFARE SOCIETY v. THE CHIEF EXECUTIVE OFFICER

WP/11304/2025 · 2025-03-27

D Bharatha Chakravarthy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No. 11304 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27.03.2025 CORAM: THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No. 11304 of 2025 SUNNATHVAL JAMATH WELFARE SOCIETY, REP. BY ITS PRESIDENT LIYAKATH ALI, NO.589, C- BAZAAR MAIN ROAD, PODAKKUDI, KUTHANALLUR TALUK, THIRUVARUR- 614 103. ... Petitioner Vs 1. THE CHIEF EXECUTIVE OFFICER, TAMIL NADU WAQF BOARD, NO.1, JAFFER SYRANG STREET, VALLAL SEETHAKATHI NAGAR, CHENNAI- 600 001. 2. THE DISTRICT COLLECTOR, DISTRICT COLLECTOR OFFICE, THIRUVARUR DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, MANNARGUDI, THIRUVARUR DISTRICT. 4. THE SUPERINTENDENT OF WAQF, TAMIL NADU WAQF BOARD, THIRUVARUR DISTRICT. 5. THE VOOR URAVINMURAI NIRVAHASABAI ARAPANI SANGAM, REP. BY ITS SECRETARY M.M.RABIYUDEEN, PODAKKUDI, KUTHANALLUR TALUK, THIRUVARUR- 614 103. 6. MELA PALLIVASAL REP. BY IS PRESIDENT A.M.LIAQAT ALI, 1/6 https://www.mhc.tn.gov.in/judis W.P.No. 11304 of 2025 PODAKKUDI, KUTHANALLUR TALUK, THIRUVARUR- 614 103. 9. PERIYA PALLIVASAL REP. BY IS PRESIDENT P.M. SHAJHAN, PODAKKUDI, KUTHANALLUR TALUK, THIRUVARUR- 614 103. ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the second respondent to accord sanction for conducting prayers by people also in 6th and 7th Respondents Mosque located in Podakkudi, Kuthanallur Taluk, Thiruvarur District for the upcoming Ramzan Festival. For Petitioner : Mr.A.Rajamohamed For R1 & R4 : Mr.R.Abdul Mobeen For R2 & R3 : Mr.V.Venkatashesaiya Government Advocate ORDER The writ petition is filed by Sunnathval Jamath Welfare Society represented by its President, Liyakath Ali. The prayer in the writ petition is to direct the second respondent to accord sanction for conducting prayers by people also in 6th and 7th respondents Mosque located in Podakkudi, Kuthanallur Taluk, Thiruvarur District for the upcoming Ramzan Festival. 2/6 https://www.mhc.tn.gov.in/judis W.P.No. 11304 of 2025 2. Upon hearing the learned counsel for the petitioner and Mr.R.Abdul Mobeen, the learned Counsel for the first and fourth respondent and Mr.V.Venkatashesaiya, the learned Government Advocate for the second and third respondent and perusing the affidavit filed in support of the writ petition and the other records of the case, the grievance of the petitioner seems to be that there are various different sects among the Muslims, who will differ in a subtle way even while offering the prayers on the Eid day. Therefore, some of the members, including the elderly from the other sects also would like to use the mosque premises and offer their prayers inside the mosque. They should not be discriminated and sent outside the mosque. 3. The learned Counsel appearing on behalf of the Waqf Board would submit that on the festival day, it is not the normal prayers which are offered, but it is called Eid prayers. The large number of turnout will be there. Therefore there will always be a congregation but however it would be secular in the sense that it accommodates all sects of Muslims with different customary practices and rules and no group restricts the other group from following their own type of the offering prayers and ceremonies. But however, it has to be kept in mind that no group can interfere with that of the others or create any kind of disharmony while the prayers are being done. 3/6 https://www.mhc.tn.gov.in/judis W.P.No. 11304 of 2025 4. The learned Counsel for the fourth and fifth respondent would submit that already the writ appeal is pending and an interim order is granted in respect of the earlier order of this Court and he would also submit that the mosque is also opened and also if the crowd swells, arrangements will be made in the nearby grounds etc., Even in the open spaces, for the elderly and those who cannot brave sun etc., special arrangements will be made. The endeavour of the organiser is to accommodate everyone without any discrimination as to the sub-sect etc., 5. In view of the same, when the intention of all the parties is only to offer their prayers peacefully and in a most comfortable manner and when it is submitted by the respondents that all arrangements will be made, observing that those of the members belonging to the petitioner society who wants to pray inside the mosque will also be permitted, at the same time cautioning that there cannot be disharmony at the time of offering of prayers, the Writ Petition stands disposed of. If there is any apprehension that there will be any confrontation between groups, the organisers shall request and upon request, the 4th respondent shall give a request to the Inspector of Police, Thiruvarur Town Police Station who inturn shall provide adequate protection and see to that the entire ceremony goes on peacefully. The parties shall act upon receipt 4/6 https://www.mhc.tn.gov.in/judis W.P.No. 11304 of 2025 of the web copy of the order and without waiting for the certified copy of the order. Accordingly, the Writ Petition stands disposed of. No costs. 27.03.2025 Neutral Citation: Yes/No veda To 1. THE CHIEF EXECUTIVE OFFICER, TAMIL NADU WAQF BOARD, NO.1, JAFFER SYRANG STREET, VALLAL SEETHAKATHI NAGAR, CHENNAI- 600 001. 2. THE DISTRICT COLLECTOR, DISTRICT COLLECTOR OFFICE, THIRUVARUR DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, MANNARGUDI, THIRUVARUR DISTRICT. 4. THE SUPERINTENDENT OF WAQF, TAMIL NADU WAQF BOARD, THIRUVARUR DISTRICT. 5/6 https://www.mhc.tn.gov.in/judis W.P.No. 11304 of 2025 D.BHARATHA CHAKRAVARTHY, J. veda W.P.No. 11304 of 2025 27.03.2025 6/6 https://www.mhc.tn.gov.in/judis