Palani Town Muslim Dharma v. The Principal Secretary To

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :03.05.2018

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN W.P.No.11658 of 2018 and WMP Nos.13646 & 13647 of 2018 Palani Town Muslim Dharma Paribalana Sangam Waqf, represented by its vice President, Palani town, Dindigul District.

...Petitioner

. Vs.

1.Principal Secretary to Government, Municipal Administration and Water Supply Department, Government of Tamilnadu, Fort. St.George, Chennai.

2.Palani Municipality, Rep. by its Commissioner, Palani, Dindigul District.

3.The Tamilnadu Waqf Board, Rep.by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallai Seethakadhi Nagar, Chennai-600 001.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records of the 1st respondent in G.O. (D).No.179 dated 19.04.2018 and quash the same as illegal. For Petitioner : Mrs.A.Ajimath Begam For Respondents: Mr.V.Kadhirvelu for R 1 Special Government Pleader Mr.P.Shrinivas for R 2 https://hcservices.ecourts.gov.in/hcservices/

ORDER

This writ petition challenging the order passed by the State rejecting the appeal preferred by the petitioner herein is in respect of unauthorised construction of shops and collecting toll from the vehicles entering the premises. A reasoned order has been passed by the Principal Secretary to the Government on 19.04.2018. This order in appeal has been passed by the Government pursuant to the direction given by this Court in W.P.No.535 of 2004. From the impugned order, it could be seen that unauthorised market and shops nearly 100 in number had been constructed by the petitioner and they are collecting rent and toll from the vehicles.

2.After considering the merits of the case and the locus standi of the petitioner to collect rents and toll from the vehicles which enters the pilgrim city of Palani, the first respondent has passed a reasoned order which need not be subjected to judicial review under Article 226 of the Constitution of India. Hence, this writ petition stands dismissed. No costs. Consequently, the connected miscellaneous petitions are closed.

-s/d- Deputy Registrar/V.O True Copy Sub-Assistant Registrar To 1.Principal Secretary to Government, Municipal Administration and Water Supply Department, Government of Tamilnadu, Fort. St.George, Chennai.

2.The Commissioner, Palani Municipality Palani, Dindigul District.

3.The Chief Executive Officer, Tamilnadu Waqf Board, No.1, Jaffer Syrang Street, Vallai Seethakadhi Nagar, Chennai-600 001.

+1 CC to Ms.A. Ajimath Begam, Advocate sr 32886. W.P.No.11658 of 2018 GJ(CO) SP(09/05/2018) https://hcservices.ecourts.gov.in/hcservices/