A B F ABDULLAH FAIZEE Vs. INSPECTOR OF POLICE, LAW AND ORDER, KATTUMANNARKOIL, CUDDALORE DISTRICT; SUPERINTENDENT OF POLICE, CUDDALORE DISTRICT; M A FATAVUDEEN

JUDGEMENT

(1.) The petitioner has come forward with this petition seeking a direction to the respondents 1 and 2 to give necessary police protection during the celebration of 11th Annual Urs of the Saint Hazarath Faizee Shah Noori on 27.04.2016 and 28.04.2016 as they have been providing upto the last years 10th Annual Urs.

(2.) Learned counsel for the petitioner submits that the petitioner's father is a Saint and he died on 26.08.2005. His death anniversary is celebrated as Urs festival every year. In the year 2007, the petitioner has filed a similar petition in Crl.O.P.No.22570 of 2007 under Section 482 Cr.P.C. and obtained police protection. According to the petitioner, the third respondent has filed a suit in O.S.No.45 of 2008 before the Sub-Court, Chidambaram for declaration that the defendants/petitioner and others are not entitled to perform Urs and any religious celebration to the corpse of their buried father in the suit property so long the dead body of Abdul Rasheed remains in the suit property and consequential injunction and also filed a suit in O.S.No.50 of 2008 for mandatory injunction directing the defendants to remove the corpse illegally and unlawfully buried in the suit property and on their failure to carry out the same, the Court may be pleased to implement the same through the process of Court by burying it in a notified place at the cost of the defendants.

(3.) It is further submitted by the learned counsel for the petitioner that even though both the suits have been decreed in favour of the third respondent after contest, the defendants/petitioner and others had filed an application under Order 41 Rule 5(2) of C.P.C. for stay the execution of the decree passed in the suit till the appeal is filed and obtain stay before the appellate Court. But the said application is still pending and no stay has been granted. He further submits that this year Urs falls on 27.04.2016 and 28.04.2016. Hence, the petitioner has sent a notice before the second respondent on 29.03.2016 requesting him to provide police protection during the days of Urs on 27.04.2016 and 28.04.2016. He has also relied upon the Division Bench judgment of this Court in W.P.No.8286 of 2009, which is filed by the petitioner and this Court had given direction to the police to give necessary police protection with certain conditions. Further, the petitioner has filed an appeal against the decree and judgment passed in O.S.Nos.45 and 50 of 2008, which is only the continuation of the suits and that the direction given by the Division Bench of this Court is still applicable to the present case till the final disposal of the appeal. Hence, the petitioner is entitled to police protection for performing Urs festival.