Z.Mohamed Tahir Sahib v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.03.2023 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Z.Mohamed Tahir Sahib ..
Petitioner -vs1. Union of India represented by the Chief Secretary to Government Government of Puducherry Chief Secretariat
2. Secretary to Government Department of Hindu Religious Institution & Wakf Government of Puducherry Chief Secretariat
3. The Chief Town Planner - cum Member Secretary State Level Heritage Conservation and
Advisory Committee Town & Country Planning Department Government of Puducherry
4. The Member Secretary Karaikal Town Planning Authority Karaikal District Karaikal 609 602
5. The District Collector Karaikal District Karaikal 609 602
6. The Commissioner Karaikal Municipality Karaikal District Karaikal 609 602
7. The Wakf Officer Puducherry State Wakf Board No.1 & 3, Yenam Venkatachalam Pillai Street Puducherry 605 001 ..
Respondents Petition under Article 226 of the Constitution of India, praying for issuance of a Writ of Declaration, declaring the entire course of action of the proposal to demolish the ancient Big Mosque situated at Masthan Palli Street, Karaikal Town, Karaikal from inception leading to issuance of undated Tender Notification inviting tenders for the purpose of demolition of Central Mandapam, East Wathif Mandapam and adjoining hall portion and north Mandapam and adjacent urinal block upto the ground level thereof as illegal, void-ab-initio and unconstitutional and direct the respondents to preserve, conserve and maintain the ancient Big Mosque situated at Masthan Palli Street, Karaikal Town, Karaikal of its historical
and architectural structures in its pristine and holistic form without being defied and de-sanctified.
For Petitioner ::
Mr.R.Natarajan For Respondents ::
Ms.V.Usha Additional Government Pleader (Pondy)
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) Mr.Z.Mohamed Tahir Sahib has filed this writ petition praying for issuance of a writ of declaration, declaring the entire course of action of the proposal to demolish the ancient Big Mosque situated at Masthan Palli Street, Karaikal Town, Karaikal from inception leading to issuance of undated Tender Notification inviting tenders for the purpose of demolition of Central Mandapam, East Wathif Mandapam and adjoining hall portion and north Mandapam and adjacent urinal block upto the ground level thereof as illegal, void-ab-initio and unconstitutional with a consequential direction to the respondents to preserve, conserve and maintain the ancient Big Mosque situated at Masthan Palli Street, Karaikal Town, Karaikal of its historical and architectural structures in its pristine and holistic form
without being defied and de-sanctified.
2. Heard both sides.
3. In similar circumstances, when one Mr.M.I.Mohamed Bugari filed Writ Petition No.5814 of 2023 seeking issuance of a mandamus directing the Reconstruction Committee-AUQAF, Peria Pallivasal, Masthan Sahib Valliyullah Dargah Shareef, Karaikal to complete the reconstruction/alteration work at Peria Pallivasal, Masthan Palli Street, Karaikal, this Court, finding that there is a dispute pertaining to the wakf or wakf property, directed the petitioner therein to approach the Wakf Tribunal holding that he cannot come to this Court by way of a writ petition under Article 226 of the Constitution of India, by order dated 27.02.2023. Therefore, when on an earlier occasion, when Mr.M.I.Mohamed Bugari had come to this Court seeking a mandamus to the fourth respondent/ Reconstruction Committee to complete the reconstruction/alteration work at Peria Pallivasal, Masthan Palli Street, Karaikal, we had directed the
petitioner therein to approach the Tribunal, the contra prayer made by the petitioner herein cannot be entertained as effectively, both are making allegations only against the Reconstruction Committee that they are not performing their work and/or that they are not considering the heritage nature of the building. Therefore, we direct the petitioner also to approach the Wakf Tribunal to workout his remedy within a period of two weeks time. With this observation, the writ petition stands dismissed. Consequently, W.M.P.No.7913 of 2023 is also dismissed. However, there shall be no order as to costs.
Speaking/Non speaking order (T.R.,A.C.J.) (D.B.C.,J.) Index : yes/no 14.03.2023 ss To
1. The Chief Secretary to Government of Puducherry Chief Secretariat
2. The Secretary to Government Department of Hindu Religious Institution & Wakf Government of Puducherry Chief Secretariat
3. The Chief Town Planner - cum Member Secretary State Level Heritage Conservation and Advisory Committee Town & Country Planning Department Government of Puducherry
4. The Member Secretary Karaikal Town Planning Authority Karaikal District Karaikal 609 602
5. The District Collector Karaikal District Karaikal 609 602
6. The Commissioner Karaikal Municipality Karaikal District Karaikal 609 602
7. The Wakf Officer Puducherry State Wakf Board No.1 & 3, Yenam Venkatachalam Pillai Street Puducherry 605 001
THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
ss 14.03.2023