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2023 Supreme(Mad) 2138
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. ANAND VENKATESH, J.
Ansar Bee – Appellant
Versus
The Estate Officer & The Chief Executive Officer Tamil Nadu Waqf Board, Chennai & Another – Respondents
W.P. Nos. 17331, 13507, 13510, 13514, 14424, 14426, 14428, 14432, 16963, 17164, 17399, 17371, 18475 & 18479 of 2023 & WMP. Nos. 13181, 13184, 13188, 13935, 13939, 13937, 13941, 16162, 16469, 16340, 16549, 16516, 16517, 16545, 16546, 17705 & 17713 of 2023
Decided On : 03-07-2023
For the Petitioner:V. Raghavachari, Senior Counsel for M/s. A. Ajimath Begum, S.R. Raghunathan for M/s. Vigneshwar Elango, A.S. Vijayaragavan, M/s. G. Anandaraj, M.J. Jaseem Mohamed, N. Manokaran for M/s. C. Harish, M/s. A. Mohamed Ismail, Advocates. For the Respondents:R1, S. Haja Mohideen Gisthi, Senior Standing Counsel, R. Abdul Mubeen, Standing Counsel, R. Abdul Mubeen, Standing Counsel, N.A. Nissar Ahmed, Senior Counsel for M/s. N.A. Nassir Hussain, Balan Haridas, Advocates.
The presumption of constitutionality and the necessity of challenging legislation in a properly constituted writ petition.
Headnote:
Writ Petition - Challenge to Notices and Orders under Tamil Nadu Public Premises Act, 1975 - Section 2(e)(iii) of the PP Act - Summary of Acts and Sections: The court discussed the validity of Section 2(e)(iii) of the Tamil Nadu Public Premises Act, 1975 and its relationship with the Wakf Act, 1995. The key legal provisions and interpretations revolved around the repugnancy between the State and Central legislation, the presumption of constitutionality, and the necessity of challenging legislation in a properly constituted writ petition.
Fact of the Case:
The writ petitions challenged notices issued by the Estate Officer under the Tamil Nadu Public Premises Act, 1975 and the order of eviction passed by the Estate Officer. The petitioners questioned the validity of Section 2(e)(iii) of the PP Act, claiming that the authority acted without jurisdiction.
Finding of the Court:
The court dismissed all the writ petitions, holding that the power and jurisdiction of the Estate Officer cannot be questioned as long as Section 2(e)(iii) of the PP Act is in force. The court emphasized the presumption of constitutionality and the necessity of challenging legislation in a properly constituted writ petition.
Issues: The issues revolved around the validity of Section 2(e)(iii) of the PP Act, the relationship between the State and Central legislation, and the necessity of challenging legislation in a properly constituted writ petition.
Ratio Decidendi: The court emphasized the presumption of constitutionality and the necessity of challenging legislation in a properly constituted writ petition. It held that the power and jurisdiction of the Estate Officer cannot be questioned as long as Section 2(e)(iii) of the PP Act is in force.
Final Decision: The court dismissed all the writ petitions and directed the petitioners to respond to the show-cause notices or file appeals before the appropriate forum within three weeks. The interim protection granted by the Court was extended by three weeks.
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, calling upon the records of the 1st respondent in PP.No.162/Chen/2022 dated 31.03.2023 and thereby quash the same as illegal, ultravires and arbitrary.)
Common Order
1. The particulars of the petitioners and the proceedings under challenge in these writ petitions are tabulated hereunder:
| S.No. | WRIT PETITION NO. | NAME OF THE PETITIONER | NAME OF THE WAQF | PROCEEDINGS UNDER CHALLENGE |
| 1 | W.P No. 17164/2023 | A.Abdul Salam | Jumma Mosque | Notice issued by the 1st respondent (Estate Officer) in Case No. PP/2/Cudd/2023 dated 16.02.2023. |
| 2 | W.P. No. 16963/2023 | S.Ajaz | Syed Sadiq Mosque and Dargah Waqf | Notice issued by the 1st respondents (Estate Officer and the Chief Executive Officer) in Form-A, Case No. PP/233/TVLR/2022 and quashed the same dated 12.12.2022 |
| 3 | W.P. No. 17399/2023 | Iqbal Ahmed Syeed | Begum Saheba Waqf | Show Cause notice in Case No. PP/254/CHEN/2022 dated 08.02.2022 issued by 1st respondents (Estate Officer and the Executive Officer) |
| 4 | W.P. No. 17371/2023 | P.Murali | Jumma Masjid | Impugned show cause notice in case no. PP/4/CUDD/2023 dated 16.02.2023 by the 1st respondent (Estate Officer). |
| 5 | W.P. No. 17331 of 2023 | Ansar Bee | Nawab Fazilamuthunnisa Begum Sahiba Mosque | Impugned Order in case no. PP. No. 162 dated 31/03/2023passed by the 1st respondent (Estate Officer) |
| 6 | W.P. No. 18745 of 2023 | K.P.K. Khaja Mohideen and Sulthan Ibrahim | Mohideen Aandavar Pallivasal, Muslim Jammath Committee | Show Cause Notice and Impugned Petition in PP No. 112/MDU/2021 dated 27/06/2022 passed by the 1st Respondent. |
| 7 | W.P. No. 18749 of 2023 | R. Chelladurai | Mohideen Aandavar Pallivasal, Muslim Jammath Committee | Show Cause Notice and Impugned Petition in PP No. 112/MDU/2021dated 27/06/2022 passed by the 1st Respondent. |
| 8 | W.P. No. 13510 of 2023 | Mohmood Hussain | Nawab Fazilamuthunnisa Begum Sahiba Mosque & Endowment Wakf | Impugned Award passed by the 1st Respondent in PP No. 164 of 2022 dated 31/03/2022. |
| 9 | W.P.No. 13514 of 2023 | Mohmood Hussain | Nawab Fazilamuthunnisa Begum Sahiba Mosque & Endowment Wakf | Impugned Award passed by the 1st Respondent in PP No. 163 of 2022 dated 31/03/2023. |
| 10 | W.P.No. 14426 of 2023 | Dr.Hisamuddin Papa | Nawab Fazilamuthunnisa Begum Sahiba Mosque & Endowment Wakf | Impugned Order passed by the 1st Respondent in PP No. 168/CHEN/ 2022 dated 31/03/2023. |
| 11 | W.P.No. 14428 of 2023 | Dr.Hisamuddin Papa | Nawab Fazilamuthunnisa Begum Sahiba Mosque & Endowment Wakf | Impugned Order passed by the 1st Respondent in PP No. 167/CHEN/ 2022 dated 31/03/2023. |
| 12 | W.P.No.14432 of 2023 | Dr.Hisamuddin Papa | Nawab Fazilamuthunnisa Begum Sahiba Mosque & Endowment Wakf | Impugned Order passed by the 1st Respondent in PP No. 169/CHEN/ 2022 dated 31/03/2023. |
| 13 | W.P.No.14424 of 2023 | Dr.Hisamuddin Papa | Nawab Fazilamuthunnisa Begum Sahiba Mosque & Endowment Wakf | Impugned Order passed by the 1st Respondent in PP No. 166/CHEN/ 2022 dated 31/03/2023. |
| 14 | 13507/2023 | Mohmood Hussain | Nawab Fazilamuthunnisa Begum Sahiba Mosque & Endowment Wakf | Impugned Order passed by the 1st Respondent in PP No. 161/ 2022 dated 31/03/2023. |
2. The subject matter of challenge in all these writ petitions pertains to either the notices issued by the Estate Officer under Section 4 of the Tamil Nadu Public Premises [Eviction of unauthorised occupants] Act, 1975 (for brevity hereinafter referred to as “the PP Act”) or the order of eviction passed by the Estate Officer under Section 5 of the PP Act.
3. The notices issued or the orders passed by the Estate Officer under the PP Act, as the case may be, have been challenged only on the ground that the auth
