Saroja.S v. Tamil Nadu Wakf Board,

W.P.(MD)No.3344 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.P.(MD)No.3344 of 2021 and W.M.P.(MD)No.2699 of 2021 S.Saroja ... Petitioner Vs.

1. Tamil Nadu Wakf Board, Rep. by its Chairman, 'Wakf House', No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

2. The Superintendent of Wakf, Trichy Circle, No.12, Kilothar Street, Tiruchirapalli - 620 002.

3. The Wakf Inspector, Office of Superintendent of Wakf, Trichy Circle, No.12, Kilothar Street, Tiruchirapalli - 620 002.

4. Hazrat Nabi Sallallahu Alaihi Vasallam Fathiha Wakf, NHS Trust, No.7, Jalal Kuthiri Street, Tiruchirapalli - 620 008.

5. The Estate Officer under the Tamil Nadu Public Premises, (Eviction of Unauthorised Occupants) Act, 1975 'Wakf House', No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned notice https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.3344 of 2021 in Form-A bearing Case No.PP/2/TRY/2021 dated 07.01.2021, signed on 29.01.2021 issued by the 5th respondent and to quash the same and consequently, direct the respondents to notify the authorized Trustee for collecting arrears of lease rent in respect of the properties in residential Door Nos.177/5 and 177/6, Madurai Road, Tiruchirapalli Town - 620 008, Tiruchirapalli District. For Petitioner : Mr.G.Sankaran

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner has filed the present writ petition, to challenge the show cause notice issued by the 5th respondent, asking her to show cause as to why the possession of the property mentioned thereunder shall not be taken away.

2. The learned counsel appearing for the petitioner submitted that the status of the petitioner is one of the tenants and therefore, there is no basis for issuance of a show cause notice.

3. We are not inclined to entertain this writ petition. What is challenged in this writ petition, is only the show cause notice. Therefore, the petitioner can very well raise all the contentions, including the lack of jurisdiction as against her. Thus, the writ petition stands disposed of, by giving liberty to the petitioner to give a reply to the show cause notice. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) ogy +1 CC to MR.F.DEEPAK, Advocate ( SR-6817[F] dated 24/02/2021 ) W.P.(MD)No.3344 of 2021 23.02.2021 KM (08.03.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2