D. BHARATHA CHAKRAVARTHY, SANJAY V. GANGAPURWALA
Mohmood Hussain – Appellant
Versus
State of Tamil Nadu, rep. by its Secretary, Namakkal Kavignar Maaligai, Fort St. George, Chennai-600 009 – Respondent
ORDER :
(D. Bharatha Chakravarthy, J.)
(Prayer in W.P.No.20553 of 2023: Petition filed under Article 226 of the Constitution of India to issue a writ of declaration declaring that Tamil Nadu State Act, Act 33 of 2010 is repugnant to the Waqf Act, 1995, as amendment by Act, 2013 (Act 27 of 2013) and void.)
A. THE WRIT PETITIONS/WRIT APPEALS:
All these writ petitions are with a prayer to declare the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Amendment Act (Act No.33 of 2010) as void, ultra vires the Constitution, being repugnant to the Waqf Act, 1995, as amended by the Act No.27 of 2023. The writ appeals are filed to set aside the common order dated 03.07.2023 passed by the learned Single Judge in W.P.Nos.17331, 13506, 13510, 13514, 144224, 14426, 14428, 14432, 16963, 17164, 17399, 17371, 18475 and 18479 of 2023.
1.1 All these petitioners and appellants are either tenants whose lease has expired/determined or are treated as encroachers in respect of the properties/premises belonging to the Waqf.
B. THE STATUTORY FRAMEWORK:
2. The Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975 (Act 1 of 1976) was enacted by the State of Tamil Nadu and it als
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