The Pattur Jamia Big Mosque v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.06.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR &W.M.P.No.24722 of 2025 The Pattur Jamia Big Mosque Managing Committee represented by its Secretary Mr.Sadiq Batcha Pattur, Mangadu Chennai - 600 122 ... Petitioner Vs.
1. The Secretary to Government Department of Highways and Minor Ports Fort St.George, Secretariat Chennai - 600 009
2. The Chief Engineer(H) Construction and Maintenance Tamilnadu Highways Department Integrated Chief Engineers Office HRS Campus No.76, Sardar Patel Road Guindy, Chennai - 600 025
3. The Divisional Engineer Page Nos.1/19
Construction and Maintenance Kancheepuram
4. Assistant Divisional Engineer (H) Construction and Maintenance Sriperumbuthur, Kancheepuram District
5. The Tamil Nadu Wakf Board Represented by its Chief Executive Officer No.1, Jaffer Syrang Street Vallai Seethakathi Nagar Chennai - 600 001
6. The Superintendent of Wakf Poonamallee Zone Poonamallee Big Pallivasal Chennai - 600 056 ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue Writ of Certiorarified Mandamus calling for the records of the 4th respondent in Thakeethu No.243/2025/U dated 30.05.2025 and quash the same and consequently direct the Respondents 1 to 4 to pay the compensation for demolishing the buildings earlier to the impugned notice. For Petitioner :
Mr.C.Sivakumar For Respondents :
Mr.T.K.Saravanan Additional Government Pleader for R1 to R4 Page Nos.2/19
Mr.Mohammed Fayaz Ali for R5 to R6
ORDER
[Order of the Court was made by M.SUNDAR, J.,] When the matter was taken up, Mr.C.Sivakumar, learned counsel for writ petitioner submitted that similarly placed persons qua writ petitioner had earlier filed writ petitions, one such writ petition is W.P.No.20332 of 2025 and the same {along with 'Writ Miscellaneous Petition' ['WMP' for the sake of brevity] thereat} came to be disposed of by a Division bench of this Court in and by an order dated 09.06.2025.
2. Issue notice.
3. Mr.T.K.Saravanan, learned Additional Government Pleader accepts notice for Respondents 1 to 4 and Mr.Mohammed Fayaz Ali, learned counsel accepts notice for R5 and R6.
4. Mr.T.K.Saravanan, learned Additional Government Pleader very fairly submits that the certiorari limb of the prayer in the captioned matter is directly and squarely covered by the afore-referred order dated 09.06.2025 in W.P.No. 20332 of 2025 and W.M.P No.22915 of 2025 thereat and learned Page Nos.3/19
State counsel has placed before us a copy of the order and a scanned reproduction of the same is as follows:
Page Nos.4/19
Page Nos.5/19
Page Nos.6/19
Page Nos.7/19
Page Nos.8/19
Page Nos.9/19
Page Nos.10/19
Page Nos.11/19
Page Nos.12/19
Page Nos.13/19
Page Nos.14/19
5. In the light of the fair stand taken by learned State counsel, certiorari limb of the prayer in the captioned matter stands disposed of by making a similar order and the same is as follows: i.
The impugned notice dated 30.05.2025 issued by R4 shall now be treated as SCN;
ii.
Writ petitioner can now send a response to the SCN within seven days from today i.e., by 26.06.2025 (if so advised and if so desired);
iii.
If the writ petitioner sends such a representation, the same shall be considered on its own merits and in accordance with law by R4 and final orders shall be passed by R4 in accordance with the proviso to Section 28(2)(ii) of said Act;
iv.
If the writ petitioner does not send a representation within 7 days, it is open to the official respondents to proceed in accordance with law; v.
Though obvious, we make it clear that any Page Nos.15/19
further coercive action qua removal of encroachment will be subject to / depending on final orders to be passed by R4 under proviso to Section 28(2)(ii) of TN Highways Act; vi.
We also make it clear (though obvious) that we have not expressed any view or opinion on the merits of the matter and therefore, R4, while passing final orders, shall do so untrammeled by the observations made in this order; and vii.
All the rights and contentions of noticees qua Section 28(2)(ii) of said Act are preserved for being canvassed before the authority concerned;
viii. If the order made by authority concerned in the aforesaid manner is adverse to the writ petitioner, the same shall be kept in abeyance for a fortnight from the date of service of the order on the writ petitioner so as to provide a window to the writ petitioner to assail the said order (if permissible in law) or to seek judicial review of the order. If the writ petitioner does not do so within a fortnight from the date of service of the order, the order passed by authority concerned will be resuscitated and put into motion. If the order is in favour of the writ petitioner, that will be the curtains on the matter.
Page Nos.16/19
ix) As regards the mandamus limb without either acceding or dismissing, it is closed as the same will be subject to outcome of the afore-referred legal drill. Captioned WP stands disposed of with the aforementioned observations and directives in the aforesaid manner. Consequently, captioned writ miscellaneous petition thereat is disposed of as closed. There shall be no order as to costs.
(M.S.,J.) (H.C.,J.) 19.06.2025 Index : Yes gpa Page Nos.17/19
To
1. The Secretary to Government Department of Highways and Minor Ports Fort St.George, Secretariat Chennai - 600 009
2. The Chief Engineer(H) Construction and Maintenance Tamilnadu Highways Department Integrated Chief Engineers Office HRS Campus No.76, Sardar Patel Road Guindy, Chennai - 600 025
3. The Divisional Engineer Construction and Maintenance Kancheepuram
4. Assistant Divisional Engineer (H) Construction and Maintenance Sriperumbuthur, Kancheepuram District
5. The Tamil Nadu Wakf Board Represented by its Chief Executive Officer No.1, Jaffer Syrang Street Vallai Seethakathi Nagar Chennai - 600 001
6. The Superintendent of Wakf Poonamallee Zone Poonamallee Big Pallivasal Chennai - 600 056 Page Nos.18/19
M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., gpa 19.06.2025 Page Nos.19/19