1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.10.2011 CORAM: THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN Writ Petition(MD)No.11970 of 2011 A.Aynul Akeen ... Petitioner Vs. 1.The Chief Executive Officer, Hajj Committee of India, Hajj House, No.7-A, M.R.A.Marg, Mumbai. 2.The Member and Executive Officer, Tamil Nadu State Hajj Committee, 3rd Floor, "Rosy Tower" No.13, Old No.7, Mahatma Gandhi Road, Nungambakkam High Road, Chennai. 3.The Inspector of Police, Thideer Nagar Police Station, Madurai. (Crime No.1794 of 2011) ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing the respondents 1 and 2 to permit the petitioner to participate in the forthcoming Hajj Pilgrimage from 27.10.2011 to 06.12.2011. For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mr.B.Pugalendhi, Special Government Pleader. O R D E R The petitioner has come up with the above writ petition seeking a direction to the respondents 1 and 2 to to permit the petitioner to participate in the forthcoming Hajj Pilgrimage from 27.10.2011 to 06.12.2011. 2.Heard Mr.S.M.A.Jinnah, learned counsel for the petitioner. Mr.B.Pugalendhi, learned Special Government Pleader, takes notice for the respondents. 3.The petitioner is actually a Government servant. He was employed in the Registration Department and retired from service in the year 2011. His retirement was after service for a period about 30 years to the State Government. His application for undergoing Hajj pilgrimage, appears to have been favourably considered by the respondents. But when police verification was sought, the Hajj Committee was informed that the petitioner was involved in a criminal case in Crime No.1794 of 2011. Therefore, it appears that his application is not favourably considered forcing him to come up with the above writ petition. https://hcservices.ecourts.gov.in/hcservices/ 2 4.On instructions, learned Special Government Pleader submitted that the petitioner is facing an investigation in Crime No.1794 of 2011 on the file of Thideer Nager Police Station, Madurai for alleged offences under Sections 294 (b) and 324 IPC. The learned Special Government Pleader also produced a file and a copy of the first information report. The file discloses that the third respondent namely, the Inspector of Police, had completed the investigation and also filed a final report under Section 173 (2) of Code of Criminal Procedure. But the charge sheet is yet to be taken on file and the charges yet to be framed. 5.Be that as it may, a perusal of the copy of the complaint and a final report filed by the third respondent discloses that the complainant was none other than the son in law of the petitioner himself. The marriage of the petitioner's daughter appears to have run into rough weather forcing both of them to get separated. The petitioner's daughter has already lodged a complaint against her husband and that person has given a complaint against the petitioner and his daughter. But the offences complained against the petitioner are also only under Sections 294(b) and 324 IPC and not heinous and grave in nature. On verification with the third respondent, learned Special Government Pleader also submitted that there are no other criminal records against the petitioner. Considering the fact that the petitioner is a retired Government servant and also considering the fact that the criminal complaint faced by him is only for minor offences at the instance of his son in law, I am of the view that the same cannot be an impediment for the petitioner to undergo the Hajj pilgrimage. 6.In view of the above, the writ petition is allowed, directing the second respondent to permit the petitioner to undergo the Hajj pilgrimage provided he satisfies all other conditions. The second respondent shall not treat the pendency of the criminal complaint against the petitioner as an impediment at all. No costs. Consequently, connected miscellaneous petition is closed. sms Sd/- Assistant Registrar /True copy/ TO Sub Assistant Registrar 1.The Chief Executive Officer, Hajj Committee of India, Hajj House, No.7-A, M.R.A.Marg, Mumbai. 2.The Member and Executive Officer, Tamil Nadu State Hajj Committee, 3rd Floor, "Rosy Tower" No.13, Old No.7, Mahatma Gandhi Road, Nungambakkam High Road, Chennai. 3.The Inspector of Police, Thideer Nagar Police Station, Madurai. + 1 cc to Mr.S.M.A.Jinnah, Advocate SR.No.36334. Writ Petition(MD)No.11970 of 2011 Dated:20.10.2011 2P/5C RPB : 20.10.2011 [I.T.] https://hcservices.ecourts.gov.in/hcservices/