IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 01.04.2024 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.No.8373 of 2024 and W.M.P.No.9329 of 2024 B.Shagitha Bee ... Petitioner Vs.

1.The State rep by Inspector of Police, Panrutti Police Station, Panrutti.

2.The Managing Committee, Anwarsha Edgah Wakt rep by its President, Anwarsha Edgah Complex, Vadakailasam, Cuddalore Road, Panrutti – 607 106. ... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India pleased to issue a Writ of Mandamus, directing the 1^st respondent to accord police protection and prevent the 2^nd respondent from any manner illegally interfering with the peaceful possession and enjoyment of the petitioner by raising a compound wall and blocking ingress and egress to the petitioner's residence, in respect of the passage in north-west direction in secluded area in the prayer ground in Anwarsha Edgah Dargah from street inside the ground providing access to the petitioner's residence, Vadakailasam village, Panrutti Sub-district, Cuddalore district, in light of the fair and decreetal order in OA No.38 of 2022 dated 26.07.2022 on the file of the Tamil Nadu Waqf Tribunal, Chennai as sought vide representation dated 29.02.2024 made by the petitioner.

For Petitioner : Mr.N.A.Nassir Hussain For Respondents : Mr.S.Udaya Kumar Govt. Adv. (Crl.Side) [R1]

Mr.G.Mohan [R2]

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ORDER

This Writ Petition has been filed seeking for a Writ of Mandamus, to direct the 1^st respondent to accord police protection and prevent the 2^nd respondent from any manner illegally interfering with the peaceful possession and enjoyment of the petitioner by raising a compound wall and blocking ingress and egress to the petitioner's residence, in respect of the passage in north-west direction in secluded area in the prayer ground in Anwarsha Edgah Dargah from street inside the ground providing access to the petitioner's residence, Vadakailasam village, Panrutti Sub-district, Cuddalore district, in light of the fair and decreetal order in OA No.38 of 2022 dated 26.07.2022 on the file of the Tamil Nadu Waqf Tribunal, Chennai as sought vide representation dated

29.02.2024 made by the petitioner.

2. The case of the petitioner is that, the shop bearing No.157B, Hospital road, (Cuddlore Main Road), Vadakailasam, Panruti, measuring 160 sq.ft. was initially leased out to Anwar Basha and thereafter, to A.Babu Hussain, who is the son of Anwar Bash and husband of the petitioner by the 2^nd respondent under lease agreement dated 14.02.2019. The land rent was fixed at Rs.100/- per month and advance amount is Rs.2,000/-. The 2^nd respondent had also leased out a passage to Anwar Basha father of A.Babu Hussain to have access to his residence from the street under a lease agreement dated 14.02.2005 for a rent of Rs.200/- for 11 months morefully described in Item 2 of the schedule and the pathyway to the shop was disturbed by the 2^nd respondent. Aggrieved by the same, the petitioner filed in O.A.No.38 of 2022 before the Tamil Nadu Wakf Tribunal for permanent injuctions to restrain the 2^nd respondent and the Tribunal granted permanent injunctoin restrainig the 2^nd respondent from any manner interfering with the peaceful, enjoyment of the application mentioned property. However, liberty granted to the 2^nd respondent to intiate proceedings under the Tamil Nadu Public Premises (Eviction of Unauthorized Occupants) Act, 1975 by issuance of termination notice dated 23.06.2022 in the manner known to law. However, without following the due process of law, hurriedly, the 2^nd respondent tried to contruct a compound wall preventing the petitioner to access his residence. Therefore, the petitioner made a representation before the 1^st respondent on 29.02.2024 seeking police protection, however the same was not considered. Hence, the petitioner has filed the above writ petition.

3. The learned counsel for the petitioner submitted that, inspite of an injunction and orders prohibiting from interfering wit