SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(Mad) 2182

SANJAY V. GANGAPURWALA, D. BHARATHA CHAKRAVARTHY
Mohmood Hussain – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates Appeared:
For the Appellant : Mr.S.R.Raghunathan for M/s.Vigneshwar Elango and K.V.Karthik Subramanian
For the Respondents:Mr.P.S.Raman Advocate-General assisted by Mr.A.Edwin Prabakar, Mr.AR.L.Sundaresan Addl. Solicitor-General assisted by Mr.N.K.Nithilavani, Mr.R.Abdul Mubeen
for respondent No.3

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 also receiv

        Click Here to Read the rest of this document
        1
        2
        3
        4
        5
        6
        7
        8
        9
        10
        11
        SupremeToday Portrait Ad
        supreme today icon
        logo-black

        An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

        Please visit our Training & Support
        Center or Contact Us for assistance

        qr

        Scan Me!

        India’s Legal research and Law Firm App, Download now!

        For Daily Legal Updates, Join us on :

        whatsapp-icon telegram-icon
        whatsapp-icon Back to top