IMPORTANT POINT
The court emphasized the importance of practical considerations and requested both parties to provide an affidavit of undertaking to ensure the agreed arrangement continues.

JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the Respondents 3 to 5 to accord Police protection to the Petitioner for functioning as Muthawalli of the Jammath Pallivasal Waqf, Manaparai, (GS No.162/Trichy) in light of the order made in W.P(MD)No.6226 of023, dated 23.03.2023 within the time that may be stipulated by this Court.)

1. This Writ Petition had been filed seeking issuance of a Writ of Mandamus to direct the Respondents 3 to 5 to accord Police protection to the Petitioner for functioning as Muthawalli of the Jammath Pallivasal Waqf, Manaparai, (GS No.162/Trichy) in light of the order made in W.P(MD)No.6226 of 023, dated 23.03.2023 within a time frame that may be stipulated by this Court.

2. When the Writ Petition was moved in the morning session, the learned Counsel for the second Respondent was present. He submitted that the second Respondent does not have sufficient space in the Mosque.

3. Mr.F.Mahaboob Athiff, learned Counsel for the Petitioner R.Doulath Hussain Khan, hereditary Muthawalli, submitted that in the earlier Writ Petition filed by one Gani, as Petitioner in W.P.(MD)No.6226 of 2023, it was observed as follows:

“5. It is admitted that the said Doulath Hussain Khan has not been removed from the post of Hereditary Muthavalli of the Jumma Masjid. Therefore, when the Hereditary Muthavalli is available, there is no necessity to constitute a Committee for the distribution of the Nombu Kanji. Therefore, the distribution of the Nombu Kanji at the Jumma Mosque would be done by the said Doulath Hussain Khan. As regards the Sevalur Pallivasal, on the earlier occasion, the same had been done by the Imam of the Jamath and this practice can once again be adopted for this year also.

6. In the result, this Writ Petition is allowed, the impugned order is set aside and the distribution of the Nombu Kanji at the Jumma Mosque would be done by Doulath Hussain Khan. As regards the Sevalur Pallivasal, the same shall be done by the Imam of the Jamath. No costs. Consequently, connected miscellaneous petitions are closed.

4. Therefore, he seeks that the same arrangement may continue.

5. The learned Counsel for the second Respondent submitted that the Mosque under his control does not have sufficient space for distribution of nombukanji, which is a very essential for the believers, who break their fasting. Hence, this Court has requested the learned Counsel for the Petitioner to consider the practical difficulties in a give and take arrangement.

6. Mr.F.Mahaboob Athiff, learned Counsel for the Petitioner submitted that under the guise of sharing the space in the Mosque, the second Respondent will cause problem, as they had gone against the earlier order of this Court in W.P. (MD) No. 6226 of 203. They have not filed any appeal. Still, they had preferred Original Petition before the Waqf Tribunal, which is against the order of the Writ Petition in W.P (MD) No. 6226 of 2023. Under the guise of distributing nombukanji, they may claim administration of the Mosque under the control of the Writ Petitioner.

7. Under those circumstances, this Court had requested the learned Counsel for the Petitioner and the second Respondent to consider giving an affidavit of undertaking that under the arrangement of providing nombukanji in the Mosque under the control of the Writ Petitioner, the second Respondent will not claim the control of the Mosque. Therefore, the case was passed over.

8. In the afternoon, by 02.15 pm., the learned Counsel for the second Respondent had furnished the affidavit of undertaking. The learned Counsel for the Petitioner was also furnished with the copy of the affidavit.

9. Recording the affidavit of undertaking furnished by the second Respondent, the same arrangement, as was agreed between the Petitioner in the W.P. (MD) No. 5902 of 2024 and the second Respondent in the Writ Petition, in the affidavit filed and undertaking given by the