Mohaideen Andavar Jamiya Pallivasal Waqf Represented By Its President v. The Principal Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.20447 of 2024 Mohaideen Andavar Jamiya Pallivasal Waqf, Represented by its President, M.Mohamed Abubacker, S/o Mohamed Ismail, Melakauvery - 612002 Kumbakonam.

... Petitioner -vs1.The Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The Chief Executive Officer, Tamil Nadu State Waqf board, No.1, Jaffar Syrang Street, Vallal Seethakkathi Nagar, Chennai - 600 001. 3.The District Collector, Collectorate Thanjavur District.

4.The Commissioner of Corporation, O/o Kumbakonam Corporation, Kumbakonam.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to

issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the eviction notice issued by the 4th respondent in e.f.vz;.8677/2021/b1 ehs;. 28.08.2024 to demolish the building assumed to situate in Ward No.7, Block. 35, T.S.No.1675 to quash the same as illegal subsequently directed the respondents to provide a fair opportunity of hearing by hold enquiry by considering the petitioner's representation dated 17.09.2024. For Petitioner : Mr.C.M.Arumugam For Mr.A.Syed Abdul Kather For Respondents 1 & 3 : Mr.S.P.Maharajan Special Government Pleader For 4th Respondent : Mr.M.Rajarajan For 2nd Respondent : Mr.K.R.Kishore Ram For M/s.R.B.Law Associates

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.S.P.Maharajan, learned Special Government Pleader takes notice for the respondents 1 & 3. Mr.K.R.Kishore Ram, learned counsel takes notice for the 2nd respondent. Mr.M.Rajaram, learned counsel takes notice for the 4th respondent.

2.The petitioner challenges the notice issued under Section 128(2) of the Tamil Nadu Urban Local Bodies Act, on 28.08.2024. 3.The Writ Petition has been filed on 04.10.2024. The learned counsel appearing for the 4th respondent Corporation would submit that after the said notice, a survey has been conducted and final order has been passed on 07.10.2024.

4.Leaving it open to the petitioner to challenge the final order dated 07.10.2024, the Writ Petition is dismissed. No Costs. Consequently, connected miscellaneous petition is closed.

[R.S.M., J.] [L.V.G., J.] 15.10.2024 NCC :

Yes/No Index :

Yes/No Internet :

Yes Mrn To 1.The Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The District Collector, Collectorate Thanjavur District.

3.The Commissioner of Corporation, O/o Kumbakonam Corporation, Kumbakonam.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

Mrn 15.10.2024