The Reconstruction Committee v. Z.Mohamed Tahir Sahib

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.08.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU The Reconstruction Committee of Management - AUQAF Rep. by its President Periya Palli Vasal Maasthan Sahib Valiyullah Dargah Shareef Masthan Palli Street Karaikal 609 602.

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Appellant Vs.

1. Z.Mohamed Tahir Sahib

2. Union of India rep. by the Chief Secretary to Government Government of Puducherry Chief Secretariat Puducherry.

3. The Secretary to Government Department of Hindu Religious Institution and WAQF Government of Puducherry Chief Secretariat Puducherry.

4. The Chief Town Planner cum Member Secretary State Level Heritage Conservation and Advisory Committee Town and Country Planning Department Government of Puducherry Puducherry.

5. The District Collector cum District Magistrate Government of Puducherry Office of the District Magisrate Karaikal, Puducherry.

6. The WAQF Officer Puducherry State WAQF Board No.1 & 3, Yenam Venkatachalam Pillai Street Puducherry.

7. The Director General of Archaeological Survey of India Dharohar Bhawan No.24, Tilak Marg New Delhi 110 001.

8. The Director Archaeological Survey of India Room No.328, C Wing Shastri Bhawan New Delhi 110 001.

9. The Senior Conservation Assistant Archaeological Survey of India Puducherry Sub Circle No.17, III Cross, Anna Nagar, Nellithope Puducherry.

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Respondents Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 05.05.2023 made in W.P.No.14386 of 2023.

For the Appellant : Mr.T.P.Manoharan Senior Counsel For Mr.T.M.Naveen For the Respondents : Mr.P.Venkatraman for Respondent-1 Mr.Ramasamy Meyyappan Government Advocate (P) for Respondents 2 to 9

JUDGMENT

(Delivered by the Hon'ble Chief Justice) Heard Mr.T.P.Manoharan, learned Senior Counsel for Mr.T.M.Naveen, learned counsel for the appellant, Mr.P.Venkatraman, learned counsel for the first respondent and Mr.Ramasamy Meyyappan, learned Government Advocate for the respondents 2 to 9.

2. The appellant assails the order passed by the learned Single Judge dated 05.05.2023 and subsequently, clarified on 10.08.2023, in W.P.No.14386 of 2023.

3. Amongst other submissions, one of the submission of learned Senior Counsel for the appellant is that though the appellant was the sixth respondent in the writ petition, no notice was issued to the sixth respondent/present appellant and the writ petition was disposed of recording the statement of learned Additional Government Pleader. According to the appellant, reconstruction is also required for some part of the property. The same has not been considered.

4. According to learned counsel for the original writ petitioner/ first respondent herein, in fact, the building is a heritage building and the present appellant is trying to demolish the heritage structure.

5. It would appear that the writ petition is disposed of by recording the statement of learned Additional Government Pleader.

6. As the stand of the present appellant is otherwise than the stand of the Government and that the present appellant has not

been served with the notice of the writ petition, it would be appropriate that opportunity is given to the present appellant also to put forth its case.

7. In the light of that, the impugned order passed by the learned Single Judge is set aside. The parties herein shall appear before the learned Single Judge on 18.09.2023. The learned Single Judge may, thereafter, take up the matter, as per his convenience and pass orders. It is made clear that there is no stay for the maintenance work. However, no part of the subject building shall be demolished until further orders of the learned Single Judge.

8. The writ appeal is disposed of. There will be no order as to costs. Consequently, C.M.P.No.14843 of 2023 is closed. (S.V.G., CJ.) (P.D.A., J.) 22.08.2023 Index : Yes/No kpl

To

1. The Chief Secretary to Government Government of Puducherry Chief Secretariat, Puducherry.

2. The Secretary to Government Department of Hindu Religious Institution and WAQF Government of Puducherry Chief Secretariat, Puducherry.

3. The Chief Town Planner cum Member Secretary State Level Heritage Conservation and Advisory Committee Town and Country Planning Department Government of Puducherry, Puducherry.

4. The District Collector cum District Magistrate Government of Puducherry Office of the District Magisrate Karaikal, Puducherry.

5. The WAQF Officer Puducherry State WAQF Board No.1 & 3, Yenam Venkatachalam Pillai Street Puducherry.

6. The Director General of Archaeological Survey of India Dharohar Bhawan, No.24, Tilak Marg, New Delhi 110 001.

7. The Director Archaeological Survey of India Room No.328, C Wing Shastri Bhawan, New Delhi 110 001.

8. The Senior Conservation Assistant Archaeological Survey of India Puducherry Sub Circle No.17, III Cross, Anna Nagar, Nellithope, Puducherry.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(kpl) 22.08.2023