Swaminathan v. The District Collector
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-06-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH and WMP No. 1339 of 2023
1. Swaminathan
2. S.Marry Antoney
3. S.Sathish
4. Vimaladevi Petitioner(s) Vs
1. The District Collector Cuddalore District.
2.The Tahsildar Chidambaram Taluk, Cuddalore District 3.The Block Development officer Panchayat Union Office, Kumaratchi, Chidambaram Taluk.
2/7 4.The Panchayat President C.Thendesvaranallur Panchayat Chidambaram Taluk, Cuddalore District.
5.The Estate Officer Tamil Nadu Public Premises (Eviction of Unauthorized Occupants) Act 1975 Wakf House, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.
6.M/s.Lalkhan Mosque Wakf rep by its Secretary Mr.R.Mohammed Ziyaudeen No.1,Kothavall Street, Chidambaram, Cuddalore District.
Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned notice dated 05.12.2022 made in PP/119/CUDD/2021 issued by the 5th respondent and quash the same as null and void. For Petitioner(s):
Dr.K.Sundarraj For Respondent(s):
Mr.V.R.R.Elamparithi
3/7 Additional Government Pleader for R1 and R2 Dr.S.Suriya Additional Government Pleader for R3 and R4 Mr.Haja Mohideen Gisthi for R5
ORDER
This writ petition has been filed challenging the impugned notice dated 05.12.2022 issued by the 5th respondent under the provisions of the Tamil Nadu Public Premises (Eviction of Unauthorized Occupants) Act, 1975. 2.Heard Dr.K.Sundarraj, learned counsel appearing on behalf of the petitioners, Mr.V.P.R.Elamparithi, learned Additional Government Pleader appearing on behalf of respondents 1 & 2 and Mr.Haja Mohideen Gisthi, learned counsel appearing on behalf of the 5th respondent. 3.The main ground that was raised on the side of the petitioners is that the 6th respondent is the actual owner of the property and the Waqf Board does not have the jurisdiction to issue such a notice.
4/7 4.It is not necessary for this Court to go into this issue, since the very power and jurisdiction of the Waqf Board to initiate eviction proceedings under the Tamil Nadu Public Premises (Eviction of Unauthorized Occupants) Act, 1975, is under question. The issue is no longer res integra and it is covered by the judgment of the Division Bench in W.P.No.20553 of 2023 etc., dated 23.04.2024 in the case of Mohammed Hussain vs. State of Tamil Nadu. The Division Bench has held that if the person is in occupation of the Waqf property, he can be evicted only by applying the Waqf Act, 1995 and the Tamil Nadu Public Premises (Eviction of Unauthorized Occupants) Act, 1975, was declared to be void qua the Waqf Act. Therefore, the impugned notice is liable to be set aside on that ground.
It goes without saying that if the petitioners have not been evicted till date, it will be left open to the Chief Executive Officer to move an application before the Waqf Tribunal and seek for the eviction which will be dealt with in accordance with law and accordingly, the impugned notice dated 05.12.2022, issued by the 5th respondent is hereby quashed.
5/7 5.This writ petition stands allowed in the above terms. No Costs. Consequently, connected miscellaneous petition is closed. 11-06-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr
6/7 To 1.The District Collector Cuddalore District.
2.The Tahsildar Chidambaram Taluk, Cuddalore District 3.The Block Development officer Panchayat Union Office, Kumaratchi, Chidambaram Taluk.
4.The panchayat President C.Thendesvaranallur Panchayat Chidambaram Taluk, Cuddalore District.
5.The Estate Officer Tamil Nadu Public Premises (Eviction of Unauthorized Occupants) Act 1975 Wakf House, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.
7/7 N.ANAND VENKATESH J.
ssr 11-06-2025