Madras High CourtWP/29281/2018disposed of

S.Syed Ismail, v. The Secretary To Government,

2023-06-26Honourable Mr Justice D. Krishnakumar,Honourable Mr.Justice P. Dhanabal8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 26.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR. JUSTICE P.DHANABAL and WMP.No.34215 of 2018 S.Syed Ismail .. Petitioner

Versus

1. The Secretary to Government, School Education Department, Government of Tamil Nadu, Secretariat, Chennai 9.

2. The District Collector, Krishnagiri District, Krishnagiri.

3. The Superintendent of Police, Krishnagiri District, Krishnagiri.

4. Krishnagiri Municipality, Rep. by its Commissioner, Krishnagiri.

5. District Elementary Educational Officer, Krishnagiri District, Krishnagiri.

6. Block Educational Officer, Krishnagiri Block, Krishnagiri.

Page No.1 / 8

7. Tamil Nadu Wakf Board, Rep. by its Jamath Executive Santhome High Road, Nochi Nagar, Mylapore, Chennai 4.

8. The Superintendent, 4A, Janab Wakf Board, Thippu Sulthan Complex, Salem 1.

9. Inspector of Wakf, Wakf Board Office, 77, Md. Ali Club Road, Dharmapuri.

10. Inspector of Police, Krishnagiri Town Police Station, Krishnagiri.

11. Sunnath Jamath Masjid, Big Masijid, Chowk Masjid, Rasool Masjid, Rep. by its Secretary, Doulatabad, Krishnagiri 635 001.

12. M.Sahebjan

13. G.Basheer

14. K.S.Mohammed Yahia

15. Aslam @ Rehman Sherif

16. Karamath

17. C.Firdhousekhan

18. Suhel

19. Fairoshkhan @ Minnal

20. Jamir Sahab

21. Munavar Khan

22. B.Kamalkhan

23. Babulal

24. G.M.Natheemkhan

25. C.Iqbal .. Respondents Page No.2 / 8

PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus directing the respondents 1 to 10 not to permit the respondents 12 to 25 to put up any construction in property having an extent of 1786 sq. ft. comprised in New Survey No.66, corresponding to Old Survey Numbers 927, 934/1B2A, 934/1A1 as per SubDivision on Bohanapalli Village in Block D/8 within Krishnagiri Municipality and also to grant permission to construct Urdu School at Old Survey Nos.915, 920 New Municipal Survey Nos.73 and 74 having extent of 18 cents in Krishnagiri Town.

For petitioner : Mr.C.Mahendran For respondents for RR1 to 3, 5, 6 & 10 : Mr.E.Vijay Anand, AGP for R4 : Mr.B.Anand for RR7 to 9 : Mr.S.Hajamohideen Gisthi for RR11 to 20,23,24 : No Appearance for RR21, 22 and 25 : Notice not ready

ORDER

(The Order of the Court was made by D.KRISHNAKUMAR, J) The present Writ Petition has been filed for issuance of a Writ of Mandamus directing the respondents 1 to 10 not to permit the respondents Page No.3 / 8

12 to 25 to put up any construction in the property having an extent of 1786 sq. ft. comprised in New Survey No.66, corresponding to Old Survey Numbers 927, 934/1B2A, 934/1A1 as per Sub-Division on Bohanapalli Village in Block D/8 within Krishnagiri Municipality and also to grant permission to construct Urdu School at Old Survey Nos.915, 920 New Municipal Survey Nos.73 and 74 having extent of 18 cents in Krishnagiri Town.

2. It is the case of the petitioner that he is a former Joint Secretary of eleventh respondent Wakf Board. During the year 1911, the above Jamath was established as a Madarassa and later converted into Urdu and Primary School. Now upgraded as Middle School. As there is no sufficient space to accommodate new students, the petitioner made a request to the Government to construct a new building in the vacant space at Old Survey Nos.915, 920 New Municipal Survey Nos.73 and 74 having an extent of 18 cents. However, the respondents 12 to 25 had collected donations from public and have started construction in alternate place without obtaining planning permission. Hence, the present Writ Petition. Page No.4 / 8

3. When the matter came up before this Court, this Court by the order dated 02.11.2018 directed the fourth respondent Municipality to inspect the construction and submit a report. As per the order of this Court, the fourth respondent filed a status report, dated 04.12.2018 stating that they conducted spot inspection and found that the said Urudu School was in a old tiled building with earthern walls. Owing to the dilapidated condition of the School building, the students were transferred to the Municipality, Sub Jail Road School.

4. While so, Mr.T.Sengutuvan, M.L.A. filed a petition seeking permission for constructing a new building for Urdu School. On inspection, the fourth respondent gave no objection for demolishing the dilapidated School, but instructed them to give a fresh application seeking building permission for constructing new building. However, without obtaining any permission, the eleventh respondent started construction in Ward-D, Block8, 166 sq.mts in Town Survey No.66. On receipt of a complaint from the petitioner stating that the eleventh respondent has been constructing building without permission, the fourth respondent issued a show cause notice under Page No.5 / 8

Section 216(2) of the Tamil Nadu District Municipalities Act, 1920. On receipt of the notice, eleventh respondent replied that they have no intention to build a School but they are only building a Motheressa for the welfare of the Muslim children.

5. As per the above status report, it is clear that the said foundation was laid by the eleventh respondent without any permission from the respondent Municipality and now construction has been stopped in the said place.

6. Recording the above status report, this Writ Petition is disposed of directing the respondent Municipality to take appropriate action against the unauthorised construction, if any as per law. No costs. Consequently, connected miscellaneous petition is closed.

[D.K.K., J] [P.D.B., J] 26.06.2023 Speaking order: Yes/No Index : Yes/No pvs Page No.6 / 8