Krishnan v. F.Dilavar Ali
Case brief
What is this about?
This single bench judgment quashed a show cause notice issued under the Tamil Nadu Public Premises Act, ruling that the Act cannot be enforced against Wakf property. The writ petition was allowed.
What did the court decide?
The show cause notice dated 07.01.2021 is quashed. The second respondent is at liberty to take appropriate action for eviction.
What the court decided
W.P.No.4527 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.06.2024
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.4527 of 2021
and
W.M.P.Nos.5141 & 6353 of 2021
Krishnan
Petitioner
Vs
- F.Dilavar Ali, S/o.K.Mohamed Faiz Ali, Hereditary Muthavalli, Hazarath Fatheh Shah Masthan Dargah-E-Sheriff, No.237, Old Door No.114, Lingi Chetty Street, Chennai – 600 001.
- The Managing Committee, Masjide Mamoor Wakf, Old No.168, New No.186, Angappa Street, Chennai – 600 001.
Issues for consideration
2 issues framed by the court
Whether the show cause notice issued under Section 4 of the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975 is sustainable in relation to Wakf property.
Whether the impugned show cause notice should be quashed given the statutory position regarding Wakf property.
Parties & counsel
- petitioner
Krishnan
- respondent
F.Dilavar Ali
- respondent
The Managing Committee, Masjide Mamoor Wakf
- respondent
Dr.D.Faritha Banu
Coram
Case details
As recorded by the court registry
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