Madras High CourtWP(MD)/23230/2023allowed

Akbar .R v. The Estate Officer

2023-09-22Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No. 23230 of 2023 R.Akbar ...

Petitioner Vs.

The Estate Officer cum Chief Executive Officer The Tamil Nadu Waqf Board, No.1 Jafer Syrang Street, Vallalseethakathi Nagar, Chennai.

...

Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to consider and pass orders on the petitioner's statutory application, dated 11.09.2023 for the removal of unauthorized occupants within the time that may be stipulated by this Court. For Petitioner : Mr. M.Mahaboob Athiff For Respondent : Mr. N.Mohideen Basha Standing Counsel 1/4

ORDER

This writ petition is filed for Writ of Mandamus to consider the petitioner's Statutory application, dated 11.09.2023 for the removal of unauthorized occupants.

2. Heard Mr. M.Mahaboob Athiff, the Learned counsel appearing for the Petitioner, Mr. N.Mohideen Basha, the Learned Standing Counsel appearing for the Respondent and perused the material documents available on record.

3. The contention of the petitioner is that, in certain properties there are unauthorised occupants. The respondent duty bound to evict the unauthorised occupants by invoking the provisions under the Tamil Nadu Public Premises Eviction of Unauthorised Occupants Act 1975 as amended by Act 33 of 2010.

4. Therefore, the respondent is directed to carry out the statutory obligation under the provisions of the Waqf Act read with the Tamil Nadu Public Premises Eviction of Unauthorised Occupants Act, 1975 as amended by 2/4

Act 33 of 2010. The said exercise shall be completed within a period of Three months, from the date of receipt of a copy of the order.

5. With the above observations, this Writ petition is allowed. No Costs.

Index : Yes / No 22.092023 Internet : Yes ksa To The Estate Officer cum Chief Executive Officer The Tamil Nadu Waqf Board, No.1 Jafer Syrang Street, Vallalseethakathi Nagar, Chennai.

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S.SRIMATHY. J ksa Order made in W.P.(MD)No. 23230 of 2023 22.09.2023 4/4