Sunnath Jamath Jamiya Masjid @ Pennagaram Masjid v. The Estate Officer Cum Cheif Executive Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.05.2024

CORAM:

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN & W.M.P.Nos.15562 & 15563 of 2024 Sunnath Janath Jamiya Masjid @ Pennagaram Masjid Rep. By its Muthawalli Dharmapuri Main Road Pennagaram Dharmapuri ...

Petitioner versus

1. The Estate Officer cum Chief Executive Officer The Tamil Nadu Waqf Board No.1, Jaffer Syrang Street Vallal Seethakathi Nagar Chennai - 600 001

2. Md.Kamal Basha

3. M/s. Adhiman Cooperative Medicals Rep. By its Manager No.95, Masjid Koil Street, Pennagaram Taluk Dharmapuri District - 636 810

4. The Manager Axis Bank - Pennagaram Branch Nethaji Bye-Pass Road, Opp. to Government Hospital 1/4

Masjid Koil Street, Pennagaram Taluk Dharmapuri District - 636 701

5. P.R.Sadiq Basha

6. Dawood Ali 7.Iliyas ...

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 first respondent in PP No.25/DPI/2022 dated 29.02.2024 and thereby quash the same.

For Petitioner :

Mr.A.Ajimath Begum For Respondents :

Mr.S.Haja Mohideen Gisthi for R1

O R D E R

With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. Heard Ms.A.Ajimath Begum, learned counsel for petitioner and Mr.S.Haja Mohideen Gisthi, learned Standing Counsel for the first respondent.

3. The petitioner challenges the proceedings initiated by the first respondent under the provisions of Tamil Nadu Public Premises (Eviction of 2/4

Unauthorised Occupants) Act, 1975 in so far as it is applicable to Tamil Nadu Wakf Board.

4. By an order dated 23.04.2024 in W.P.No.20553 of 2023 [Mohmood Hussain Vs. State of Tamil Nadu and others], the first Bench of this Court has declared that the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants)Amendment Act 33 of 2010 is unconstitutional.

5. Since the Division Bench has already declared the Act to be unconstitutional, no proceedings can be initiated under an Act which has been declared as a nullity. Consequently, following the Division Bench order of this Court, this Writ Petition is allowed and the proceedings in PP No.25/DPI/2022 dated 29.02.2024 made by the first respondent is quashed. No costs. Consequently, connected Miscellaneous Petitions are closed. 29.05.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No gpa /sri 3/4

V.LAKSHMINARAYANAN , J.

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