MOHAMMED GANI Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) HEARD learned counsel for the petitioner Mr. A. Sirajuddin, and learned Government Pleader for respondents 1 to 4 and perused the record. This writ petition was admitted by the Court on 7-4-1998. On that date learned public Prosecutor accepted notice on behalf of respondents 1 to 4. Notice was issued to respondent 5, and it was served on him on 19-3-2001, However, none has appeared for respondent 5.

(2.) BY means of this writ petition the petitioner, who is a Muslim, has prayed for the issuance of a writ of mandamus directing the respondents 1 to 4 to give adequate security to the Muslims of balasamudram village in Dindigul District while they take out the dead bodies to their graveyard in the said village in S. No. 53/1 in accordance with the agreement piloted by the fourth respondent dated 25-1-1998 between the Muslims and Harijans of Balasamudram village.

(3.) THE petitioner has alleged that there are about 2000 Muslims living in the said village and they have only one graveyard mentioned above. To reach the graveyard there are only two roads for the village Muslims, one is Kottar Kaliamman Street, and another is Manukal Street. It is alleged that the Kottai Kaliamman Street is the shortest route through which the Muslims of that village have been traditionally taking the dead bodies to the burial ground.