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Madras High CourtWP/4705/2013withdrawn dismissed

Ummul Nisha v. The State Of Tamilnadu

2024-02-07Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

1. Ummul Nisha

2. M.Ayesha Begum

3. Meeran ..

Petitioners Vs.

1. The State of Tamil Nadu Rep. by its Secretary Backward Classes, Most Backward Classes and Minorities Welfare (T1) Department Fort St. George, Chennai 600 006.

2. The Tamil Nadu Wakf Board Rep. by its Chief Executive Officer "Wakf House"

No.1, Jaffar Syrang Street Vallal Seethakathi Nagar Chennai 600 001.

3. The Estate Officer cum Chief Executive Officer Tamil Nadu Wakf Board No.1, Jaffar Syrang Street Vallal Seethakathi Nagar Chennai 600 001.

4. Union of India Rep. by its Secretary Ministry of Law & Justice New Delhi.

5. Dastagir Sahib Jamia Mosque and Endowment Rep. by its Secretary No.54, Mosque Garden Jones Road, Saidapet Chennai 600 015.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Declaration declaring the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975 as amended by Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Amendment Act (Act No.33 of 2010) published in the Tamil Nadu Government Gazette Extraordinary dated 02.12.2010 in so far as it includes premises belonging to wakf registered with the second respondent, as being beyond the legislative competence of the State Legislature, illegal, void and ultra vires Articles 14, 246(2) and 254 of the Constitution.

For the Petitioners : Mr.V.Parthiban For Ms.P.Bhuvaneswari For the Respondents : Mr.P.S.Raman Advocate General Assisted by Mr.T.K.Saravanan Government Advocate for R1 Mr.Avinash Wadhwani For Mrs.V.Srimathi for RR 2 & 3 Mr.B.Rabu Manohar for R4 Mr.N.A.Nissar Ahamed, SC For Mr.I.Kowser Nissar for R8

ORDER

(Made by the Hon'ble Chief Justice) Learned counsel for the petitioners, on instructions, seeks leave to withdraw the writ petition.

2. In the light of that, the writ petition is dismissed as withdrawn. There shall be no order as to costs. (S.V.G., CJ.) (D.B.C., J.) 07.02.2024 Index :

Yes/No :

Yes/No kpl To

1. The Secretary State of Tamil Nadu Backward Classes, Most Backward Classes and Minorities Welfare (T1) Department Fort St. George Chennai 600 006.

2. The Chief Executive Officer

Tamil Nadu Wakf Board "Wakf House"

No.1, Jaffar Syrang Street Vallal Seethakathi Nagar Chennai 600 001.

3. The Estate Officer cum Chief Executive Officer Tamil Nadu Wakf Board No.1, Jaffar Syrang Street Vallal Seethakathi Nagar Chennai 600 001.

4. The Secretary Ministry of Law & Justice New Delhi.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 07.02.2024