Madarasa Ismail Nisvan Wakf v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)Nos.19359 and 19360 of 2024 Madarasa Ismail Nisvan Wakf, Pengal Arabi Matharasa, Rep. By Niyas Ahmed, S/o. Samsudeen, Pallivasal Street, Melakaveri, Kumbakonam, Thanjavur District.

... Petitioner -vs1.The District Collector, Thanjavur District, Thanjavur.

2.The Tahsildar, Kumbakonam, Thanjavur District.

3.The Corporation Commissioner, Kumbakonam Municipal Corporation, Thanjavur District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned order of the 3rd respondent in Na.Ka.No.8677/2021/d1, dated 28.08.2024

and quash the same.

For Petitioner : Mr.R.Maheswaran For Respondents 1 & 2 : Mr.S.R.A.Ramachandran Additional Government Pleader For 3rd Respondent : Mr.M.Rajarajan

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Mr.S.R.A.Ramachandran, learned Additional Government Pleader takes notice for the respondents 1 and 2. Mr.M.Rajarajan, learned counsel takes notice for the 3rd respondent. By consent, this Writ Petition is taken up for final disposal at the admission stage itself. 2.Similar notice issued by the Kumbakonam Corporation was made a subject matter of challenge in W.P.(MD)No.21811 of 2024. We had by our order dated 12.09.2024, while setting aside the notice impugned, directed the respondents to proceed in accordance with law particularly in terms of Section 128(1) of the Tamil Nadu Urban Local Bodies Act, 1998. In view of the same, the impugned notice is also quashed with liberty to the authorities to proceed under the Section 128(1) of Tamil Nadu Urban Local Bodies Act, after issuing proper notice. Such action shall be commenced atleast within a period of six weeks from the date of receipt of copy of the order.

3.The Writ Petition is disposed of with the above observation. No costs. Consequently, connected miscellaneous petitions are closed. [R.S.M., J.] [L.V.G., J.] 25.09.2024 NCC :

Yes/No Index :

Yes/No Internet :

Yes Mrn To 1.The District Collector, Thanjavur District, Thanjavur.

2.The Tahsildar, Kumbakonam, Thanjavur District.

3.The Corporation Commissioner, Kumbakonam Municipal Corporation, Thanjavur District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

Mrn 25.09.2024