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CDJ 2025 MHC 7753 print Preview print print
Court : Before the Madurai Bench of Madras High Court
Case No : Crl. O.P(MD). No. 7259 of 2019 & Crl. M.P(MD). Nos. 4668 & 4669 of 2019 & W.P(MD). Nos. 12160 & 9132 of 2019
Judges: THE HONOURABLE MRS. JUSTICE S. SRIMATHY
Parties : Mohamed Abubakkar & Another Versus The Revenue Divisional Officer, Revenue Divisional Office, Tuticorin & Others
Appearing Advocates : For the Petitioners: S.M.A. Jinnah, C. Jeya Indra Patel, Advocates. For the Respondents: R1 to R5, A. Oliraja, Government Advocate, R4, K. Navaneetha raja, Advocate.
Date of Judgment : 27-11-2025
Head Note :-
Criminal Procedure Code - Section 482 -
Judgment :-

(Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., call for the records in meeting proceedings dated, 09.05.2019 passed by the respondent No.1 and quash the same as illegal.

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 2 to 5 to open and remove their lock from Masjid Thowheeth Mosque at Kovilpatti, Thoothukudi District.)

Common Order:

1. W.P.(MD) No.12160 of 2019 has been filed seeking a direction to the respondents 2 to 5 to open the Masjid Thowheeth Mosque at Kovilpatti, Thoothukudi District, and remove the lock placed on it.

               Crl.O.P.(MD) No.7259 of 2019 has been filed to call for the records relating to the meeting proceedings, dated 09.05.2019 passed by the 1st respondent and to quash the same.

2. Crl.O.P.(MD) No.7259 of 2019 has been filed by the petitioner on the ground that, pursuant to the Peace Committee Meeting, the Tahsildar has passed an order dated 09.05.2019, wherein it has been directed to close the Mosque and hand over the keys to the Tahsildar. According to the petitioner, the Tahsildar has no statutory power or authority to conduct any Peace Committee Meeting, and hence, the impugned order has to be quashed.

3. Considering the above submissions, this Court is inclined to quash the proceedings of the 1st respondent, dated 09.05.2019. Consequently, the question arises as to whether the Mosque should be opened and to whom the keys are to be handed over. At this juncture, since there exists a law and order issue in respect of the Mosque, this Court directs the Tahsildar to hand over the keys to the Inspector of Waqf, Virudhunagar District. Unless and until a substantive petition is filed regarding the opening of the Mosque, no person shall have the right to open the Mosque. It is made clear that the said arrangement shall continue until appropriate orders are passed by the competent authority or Court. Accordingly, Crl.O.P.(MD) No.7259 of 2019 stands allowed.

4. In view of the above, the prayer in W.P.(MD) No.12160 of 2019 seeking removal of the lock from Masjid Thowheeth Mosque at Kovilpatti, Thoothukudi District cannot be entertained, and accordingly, the writ petition is dismissed. No costs.

5. Consequently, the connected Miscellaneous Petitions are closed.
 
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