Mr.Abdul Basith v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Abdul Basith ..

Petitioner Vs.

1. The Government of Tamil Nadu Rep. By its Secretary Housing and Urban Development

2. The Secretary of School Education Government of Tamil Nadu

3. The Chennai Metropolitan Development Authority Rep. By its Member Secretary Thalamuthu Natrajan Maligai No.8, Gandhi Irwin Road Egmore, Chennai - 600 008.

4. The Heritage Conservation Commission Rep. By its Chairman Thalamuthu Natarajan Maligai No.8, Gandhi Irwin Road Egmore, Chennai - 600 008.

5. The Secretary Public Works Department Fort St. George

6. The Secretary Department of School Education

7. The Corporation of Chennai Rep. By its Commissioner Ripon Buildings Chennai - 600 002.

8. The Tamil Nadu Wakf Board Rep. by its Chief Executive Officer No.1, Jaffer Syrang Street Vallai Seethakathi Nagar Chennai - 600 001.

9. The Prince of Arcot Endowments Amir Mahal, Royapettah Chennai - 014.

[R9 impleaded vide order dated 20.12.2018 in W.M.P.No.39568 of 2018 in W.P.No.32458 of 2017] ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents to forbear from permitting, authorizing or allowing demolition, modification or alteration or any further construction of the Heritage Structure of the School buildings and campus under the name and style of Government Madrasa - I - Azam Higher Secondary School Buildings situate at Anna Salai, Chennai - 600 002, in a manner without following and complying the Annezure XXV of the Development

Control Rules for Chennai Metropolitan area and also the orders of this Hon'ble Court in W.P.No.25306 of 2006 dated 29.04.2010. For the Petitioner : Mr.R.Abdul Mubeen and Mr.Najeeb Usmankhan For the Respondents : Mrs.R.Anitha Special Government Pleader for R1, R2, R5 & R6 Mr.Avinash Wadhwani for Ms.V.Srimathi for R8 Mr.C.Manoharan for R3 Mr.E.C.Ramesh for R7 No appearance for R9

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.R.Abdul Mubeen and Mr.Najeeb Usmankhan, learned counsel for the petitioner, Mrs.R.Anitha, learned Special Government Pleader for respondents 1, 2, 5 & 6, Mr.Avinash Wadhwani learned counsel appearing for Ms.V.Srimathi, learned counsel for respondent 8, Mr.C.Manoharan, learned counsel for respondent 3 and Mr.E.C.Ramesh, learned counsel for respondent 7.

2. Learned counsel for the petitioner submits that the Madrasa - I - Azam Higher Secondary School is more than 1200 year old Institution, located at the prime Anna Salai. The said School is situated on the property belonging to the Nawab of Carnatic / Arcot. The Nawab of Wallajah has established the Madrasa in 1961 for children of the royal family of Carnatic. Subsequently, the medium of instruction was widened and students were also admitted for registration.

3. It is further submitted that the School building is a heritage building and is classified as a Grade-I Building. The same is evident from the Commission Report at Serial No.229. The School building is designated as a heritage structure. It is submitted by the learned counsel that the heritage structure cannot be demolished, but the respondents are trying to demolish the said structure. According to the learned counsel, the heritage structure is required to be maintained and the respondents may take steps to renovate or restore the heritage structure, but not to demolish it.

4. If the structure is a heritage structure, certainly, the same cannot be dealt with without a report of the Heritage Commission.

5. Learned Special Government Pleader has placed on record the communication in regional language. According to the learned Special Government Pleader, the respondents are shifting the School to another building by constructing another building nearby to accommodate the students and there is no intention to demolish the writ structure.

6. The petitioner may communicate with the Heritage Commission. On receipt of the application / representation from the petitioner, the Heritage Commission shall inspect the writ property and take appropriate decision with regard to the writ property. The Heritage Commission is entitled to take further steps and issue directions with regard to the preservation and maintenance of the writ structure.

7. The Heritage Commission shall inspect the said property, preferably within six weeks from the date of receipt of the representation. The parties shall act further, as per the decision and directions of the Heritage Commission.

8. With these observations, the writ petition is disposed of. There will be no order as to costs. Consequently, W.M.P.No.35758 of 2017 is closed.

(S.V.G., CJ.) (P.D.A., J.) 20.07.2023 Index :

Yes/No :

Yes/No drm To

1. The Secretary The Government of Tamil Nadu Housing and Urban Development

2. The Secretary of School Education

Government of Tamil Nadu

3. The Member Secretary The Chennai Metropolitan Development Authority Thalamuthu Natrajan Maligai No.8, Gandhi Irwin Road Egmore, Chennai - 600 008.

4. The Chairman The Heritage Conservation Commission Thalamuthu Natarajan Maligai No.8, Gandhi Irwin Road Egmore, Chennai - 600 008.

5. The Secretary Public Works Department Fort St. George

6. The Secretary Department of School Education

7. The Commissioner The Corporation of Chennai Ripon Buildings Chennai - 600 002.

8. The Chief Executive Officer The Tamil Nadu Wakf Board No.1, Jaffer Syrang Street Vallai Seethakathi Nagar Chennai - 600 001.

THE HON'BLE CHIEF JUSTICE AND

P.D.AUDIKESAVALU, J.

(drm) W.P.No .32458 of 2017 20.07.2023