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2026 DAILYLAW 47862 (MAD)

Mohamed Abbas Maraikkayar v. The Tamil Nadu Waqf Board,

WP Crl.(MD)/2159/2026 · 2026-07-09

L Victoria Gowri

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.Crl.(MD)No.2159 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2026 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.Crl.(MD)No.2159 of 2026 Mohamed Abbas Maraikkayar ... Petitioner Vs. 1. The Tamil Nadu Waqf Board, Represented by its Chairman, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600001. 2. The Chief Executive Officer, The Tamil Nadu Waqf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai- 600001. 3. The Superintendent of Waqf, No.27, Neethi Nagar, Opp. Jumma Mosque, Court Road, Thanjavur - 613 001. 4. The Superintendent of Police, Thanjavur District. 5. The Deputy Superintendent Of Police, Pattukottai, Thanjavur District. 6. The Inspector of Police, Athirampattinam Police Station, Thanjavur District. 1/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.2159 of 2026 7. Syed Salahuddin ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus seeking for a direction, directing the Respondent No.4 to 6 to provide adequate Police Protection to conduct 587th year Kanthuri Festival (Urus) at Hazrath Haja Sheik Alavudeen Dharga situated on Beach Street in Yeripurai Village in Pattukkottai, Thanjavur District for this year form 16.07.2026 to 29.07.2026 and for upcoming years in the light of the judgment in WOP No.12 of 2009 dated 16.09.2016. For Petitioner : Mr.K.Navaneetharaja For Respondents : Mr.C.Susikumar (R4 to R6) Government Advocate (Crl.) Mr.K.Jeyamohan (R1 to R3) ORDER This petition has been filed seeking for a direction to the respondents 4 to 6 to provide adequate police protection to conduct 587th year Kanthuri Festival (Urus) at Hazrath Haja Sheik Alavudeen Dharga situated in Beach Street, Yeripurai Village, Pattukkottai, Thanjavur District for this year from 16.07.2026 to 29.07.2026 and for upcoming years in the light of the judgment in WOP No. 12 of 2009 dated 16.09.2016. 2/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.2159 of 2026 2. The learned counsel appearing for the petitioner submitted that the judgment passed by the Principal Subordinate Judge, Thanjavur, in W.O.P. No. 12 of 2009, dated 16.09.2016, is in favour of the petitioner. It was further submitted that this Court, by order dated 10.08.2023 in W.P.(MD) No.16361 of 2023, had also passed a favourable order permitting the petitioner to conduct the Kanthuri Festival (Urus) in the aforesaid Dargah. Based on the said orders, the petitioner had organised and conducted the Kanthuri Festival (Urus) during the year 2023. Similarly, for the current year also, the petitioner has filed the present writ petition seeking police protection for the peaceful and proper conduct of the Kanthuri Festival (Urus). 3. The learned counsel appearing for the respondents 1 to 3 raised serious objection for the same. 4. Heard the learned counsel on either sides and carefully perused the materials placed before this Court. Considering the limited scope of the relief sought for in this petition, notice to the 7th respondent is dispensed with. 5. Considering the facts and circumstances of the case, the sixth respondent police is directed to consider the petitioner's representation dated 3/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.2159 of 2026 05.03.2026 in the light of the judgment passed by the Principal Subordinate Judge, Thanjavur, in W.O.P. No.12 of 2009, dated 16.09.2016, and conduct an enquiry in this regard after issuing summons to the petitioner, the seventh respondent, and all other necessary parties under Section 64 of the BNSS. The enquiry shall be concluded, after affording an opportunity of hearing to all the parties concerned, on or before 14.07.2026. The sixth respondent police are further directed to provide necessary police protection for the peaceful conduct of the aforesaid Kanthuri Festival (Urus), subject to the outcome of the enquiry. 6. This writ petition is disposed with the above directions. 09.07.2026 NCC : Yes / No Index : Yes / No sm Note: Issue order copy on 10.07.2026. 4/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.2159 of 2026 TO:- 1. The Superintendent of Police, Thanjavur District. 2. The Deputy Superintendent Of Police, Pattukottai, Thanjavur District. 3. The Inspector of Police, Athirampattinam Police Station, Thanjavur District. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.2159 of 2026 L.VICTORIA GOWRI, J. Sm Order made in W.P.Crl.(MD)No.2159 of 2026 Dated 09.07.2026 6/6 https://www.mhc.tn.gov.in/judis