A.Mohammed Inayathullah Sheriff v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.04.2023 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Mr.A.Mohammed Inayathullah Sheriff ... Petitioner -Vs1.The Chairman Tamil Nadu Wakf Board No.1, Jaffer Syrang Street Vellal Seethakathi Nagar Chennai 600 001.

2.The Chief Executive Officer Tamil Nadu Wakf Board No.1, Jaffer Syrang Street Vellal Seethakathi Nagar Chennai 600 001.

3.M.K.Taj Mohamed Sahib's Religious and Charitable Endowments Rep. By its Muthavalli New No.1, Old.No.10, Muktharunnissa Begum Street, 5th Lane Mount Road Chennai-2.

.. Respondents Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondent 1 and 2 to consider the representation given by the petitioner on 8.12.2022, for execution of the fresh lease deed in favour of the petitioner.

For Petitioner Mr.S.Murali Krishnan For Respondents Mr.S.Hajamohideen Gisthi Standing Counsel

O R D E R

This writ petition has been filed for the issue of a writ of mandamus directing the respondents to consider the representation made by the petitioner on 08.12.2022, wherein the petitioner is seeking for the execution of a fresh lease deed in his favour. 2.Heard Mr.S.Murali Krishnan, learned counsel for the petitioner and Mr.S.Hajamohideen Gisthi, learned Standing Counsel for the respondents. 3.It is seen from records that the 3rd respondent had already initiated proceedings against the petitioner under the Tamil Nadu Public Premises (Eviction of Unauthorized Occupants) Act, 1975, seeking for eviction of the petitioner from the subject property. An order was passed by the Estate Officer through proceedings in P.P.No.28/CHE/2017, dated 08.06.2020. By virtue of this order, the petitioner has been directed to vacate and hand over the premises within a period of 10 days. This order has also become final. To get over this order, the petitioner has made representation to the respondents for execution of a fresh lease agreement in his favour.

4.The petitioner is attempting to get over the order passed by the Estate Officer, by making a representation in the year 2022, seeking for the execution of fresh lease deed in his favour. The petitioner does not have the legal right to seek for such a relief. This Court can issue a writ of mandamus only where the petitioner establishes a legal right and there is a corresponding legal duty imposed on the respondents. Both these ingredients are missing

in this writ petition.

5.In view of the above discussion, this Court does not find any merits in this writ petition and accordingly the same is dismissed. No costs. 13.04.2023 KP Internet : Yes/No Index : Yes/No Speaking Order:Yes/No To 1.The Chairman Tamil Nadu Wakf Board No.1, Jaffer Syrang Street Vellal Seethakathi Nagar Chennai 600 001.

2.The Chief Executive Officer Tamil Nadu Wakf Board No.1, Jaffer Syrang Street Vellal Seethakathi Nagar Chennai 600 001.

3.M.K.Taj Mohamed Sahib's Religious and Charitable Endowments Rep. By its Muthavalli New No.1, Old.No.10, Muktharunnissa Begum Street, 5th Lane Mount Road Chennai-2.

N.ANAND VENKATESH, J.

KP 13.04.2023