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Madras High CourtWP/35231/2022dismissed

Chennai Moosa Market Cottage v. Ismail Musa Wakf

2023-01-03Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Chennai Moosa Market Cottage Industry Owners Association Represented by its Secretary Mr. Thiruvenkadam S/o.Sundaram Office At Old No. 14 New No. 20 Venkatesan II Street Anna Salai, Chennai-600 002 ... Petitioner Vs.

1.Ismail Musa Wakf represented by its Muthavalli Mr. Aejaz Sait, Muthavalli of Ismail Muse Wakf At Unit 1-A 1st Floor 'Shyamas Garden'

No.10 Kader Nawaz Khan Road.

Chenai-600 006 2.The Secretary O/o Tamilnadu Wakf Board Seethakathi nagar Chennai-600 001 ... Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus directing the 2nd respondent to

consider the Petitioners representation dated 25.04.2022 to initiate appropriate action in accordance with law.

For Petitioner : Mr.N.Saravanan

O R D E R

Writ petition is filed seeking to issue a Writ of mandamus directing the 2nd respondent to consider the Petitioners representation dated 25.04.2022 to initiate appropriate action in accordance with law.

2. It is the contention of the petitioners that the tenants are members of the association. However, Muthavalli has entered into a sale agreement with the well known persons and trying to dispose the above property. Therefore, the purchasers are trying to file a proceedings vacating the tenant on the grounds of demolition and reconstruction. Therefore, seeks to consider the representation to construct the new building fixing the nominal rent to the members.

3. At the outset, this Court is of the view that petitioners being the

tenant cannot have no right to prevent the sale of property. Therefore, as admittedly, the petitioners are the tenants they are protected by concerned Rent Control Legislation.

4. In such view of the matter, there cannot be any directions as a matter of right. Writ Petition is dismissed. No costs. 03.01.2023 kpr Internet:Yes Index:Yes/No To The Secretary O/o Tamilnadu Wakf Board Seethakathi nagar Chennai-600 001

N. SATHISH KUMAR, J.

kpr 03.01.2023