M/S.Pattur Jamia Mosque, v. The Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.08.2017

CORAM

THE HON'BLE MR. JUSTICE M.DURAISWAMY W.P.No.21383 of 2017 & W.M.P.No.22350 of 2017 M/s.Pattur Jamia Mosque Represented by its Secretary Managing Committee Mr.G.Gulabdeen Pattur, Mangada P.O.

Chennai - 600 122 ... Petitioner v.

1 The Tamil Nadu Wakf Board Rep. by the Chief Executive Officer No.1, Jafar Syrang Street Vallal Seethakathi Nagar Chennai -1 2 The Superintendent of Wakfs Poonamallee Zone Poonamallee Big Mosque Poonamallee, Chennai - 600 056 ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorari, calling for the entire records in connection with the proceedings of the 2nd respondent in Na.Ka.No.208/Kanchi/17, dated 01.08.2017 and quash the same as illegal and arbitrary.

For Petitioner : Mr.Sillambanan, Sr. Cousnel for Mr.K.Sasindran For Respondents : Mr.Mohammed Fayas Ali

O R D E R

The petitioner has filed the above writ petition to issue a Writ of Certiorari to call for the entire records in connection with the proceedings of the 2nd respondent dated 01.08.2017 and to quash the same.

2. When the petitioner sought to demolish the building, the 2nd respondent passed the impugned order forbearing the petitioner from demolishing the building without obtaining permission from the first respondent.

3. Mr.Sillambanan, learned Senior Counsel appearing for the petitioner submitted that in the circular dated 16.05.2017, the 1st respondent has specifically stated that No Objection Certificate is not required from the Wakf Board for putting up any construction.

4. Mr.Mohammed Fayas Ali, learned counsel appearing for the respondents submitted that in view of the latest circular dated 16.05.2017, No Objection Certificate is not required from the Wakf Board for putting up any construction in the property. However, since

the petitioner has not obtained any permission for demolition from the appropriate authority, the petitioner cannot demolish the building.

5. It is settled position that if a person wants to demolish the existing building, he has to get permission from the appropriate authority before demolishing the building.

6. In the case on hand, admittedly, the petitioner has not obtained any permission from any authority so far. In these circumstances, while setting aside the impugned order dated 01.08.2017, I make it clear that the petitioner can demolish the building only after obtaining appropriate permission from the appropriate authority before demolishing the existing building. With these observations, the writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 16.08.2017 Index: Yes/No Rj

To 1 The Chief Executive Officer Tamil Nadu Wakf Board No.1, Jafar Syrang Street Vallal Seethakathi Nagar Chennai -1 2 The Superintendent of Wakfs Poonamallee Zone Poonamallee Big Mosque Poonamallee, Chennai - 600 056

M.DURAISWAMY,J.

Rj W.P.No.21383 of 2017 & W.M.P.No.22350 of 2017 16.08.2017