Jagdeep Singh Kohli v. The Tamil Nadu Wakf Board
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.03.2025 CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.RAJASEKAR
1. Jagdeep Singh Kohli S/o Mr.Shispal Singh
2. Mrs.Harpreet Kaur Kohli W/o Jagdeep Singh Kohli ..
Petitioners -vs1. The Tamil Nadu Wakf Board rep.by Chief Executive Officer
2. The Estate Officer under the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975
3. The Nawab Fazilathunnisa Begum Sahib's Mosque and its Endowments represented by Executive Trustee
Old No.419, New No.796, Anna Salai Nandanam, Chennai 600 035 ..
Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Declaration, declaring the amendment to Section 2(e)(3) of the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act as illegal and unconstitutional in G.O.No.342 dated 10.11.2010.
For Petitioners ::
Mr.G.Surya Narayanan For Respondents ::
Mr.S.Haja Mohideen Gisthi for R1 & R2 Mr.N.A.Nassir Hussain for R3
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.) W.M.P.No.18075 of 2024 seeking to permit the petitioners to file a single writ petition stands ordered.
2. The Division Bench of this Court in a batch of writ petitions in W.P.Nos.20553 of 2023 etc. (Mohmood Hussain v. State and others) delivered a judgment on 23.04.2024 declaring the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Amendment Act 33 of 2010 as repugnant, void and ultra vires the Constitution and the proceedings
initiated by issuance of show cause notices in exercise of the power of such enactment are held as unsustainable.
3. In view of the declaratory relief granted by the Division Bench in the judgment cited supra, no further adjudication needs to be undertaken in respect of the relief sought for in the present writ petition. Accordingly, the writ petition stands dismissed. Any further grievances exist to the parties, they are at liberty to redress the same in the manner known to law. Consequently, W.M.P.No.18078 of 2024 is also dismissed. No costs. Index : yes/no (S.M.S.,J.) (K.R.S.,J.) 20.03.2025 ss To
1. The Chief Executive Officer Tamil Nadu Wakf Board
2. The Estate Officer under the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975
S.M.SUBRAMANIAM,J.
AND K.RAJASEKAR,J.
ss 20.03.2025