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S.Zamruth Begam v. the Secretary

Madras HC21 Aug 2025WP/7134/2025

Case brief

AI extract

What is this about?

Madras High Court writ petition (mandamus, Article 226) by S.Zamruth Begam against Corporation of Chennai officials to seal unauthorised tea stall/pan shop/tiffin centre run by respondents K.Bala and Deepak in a dangerous, dilapidated private wakf building at Shambudoss Street, Mannadi, Chennai; scheme suit C.S. No. 820 of 2008 decreed 22.12.2020; notice dated 15.04.2025 under sections 102, 105, 107, 108-A, 109 TNULB Act 1998; premises locked and sealed 17.04.2025; petition closed, no costs; Judge N. Mala; date of order 21.08.2025.

What did the court decide?

No further relief granted by the Court; the writ petition was closed as the prayer (locking and sealing of the premises) had already been fulfilled by the official respondent on 17.04.2025. No costs. ¶35

S.Zamruth Begam Vs the Secretary — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

No further relief granted by the Court; the writ petition was closed as the prayer (locking and sealing of the premises) had already been fulfilled by the official respondent on 17.04.2025. No costs.

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Issue for consideration

Whether a writ of mandamus should issue directing respondents 2 and 3 (Corporation of Chennai officials) to seal the shop of respondents 5 and 6, who allegedly trespassed into the petitioner's wakf property and ran an unauthorised trade, pursuant to the petitioner's representation dated 14.11.2024.

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Court's answer

Since the prayer in the writ petition (sealing of the premises) has been fulfilled in accordance with law — the subject premises having been locked and sealed by the official respondent on 17.04.2025 after statutory notice and police assistance — no further adjournments were required and the writ petition stands closed with no costs.

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Detailed headnote1 paragraphs

High Court of Judicature at Madras (N. Mala, J.), W.P. No.7134 of 2025, decided 21.08.2025 — Writ of mandamus under Article 226 of the Constitution of India sought by the great-granddaughter of the creator of a private wakf, directing the Commissioner Corporation of Chennai and the Assistant Revenue Officer to seal a shop run by private respondents who allegedly trespassed into a dilapidated, approximately 170-year-old wakf building at New Door No.45, Old Door No.21, Shambudoss Street, Mannadi, Chennai, and operated an unauthorised tea stall, pan shop and tiffin centre endangering labourers staying there. A status report of the third respondent dated 23.04.2025 recorded that a 24-hours notice dated 15.04.2025 had been issued under section 102, 105, 107, 108-A, 109 of the TNULB Act, 1998; on the fifth respondent's non-compliance, police protection was sought by letter dated 16.04.2025 and the premises were locked and sealed on 17.04.2025. Holding that the prayer in the petition had been fulfilled in accordance with law, the Court closed the writ petition with no costs.

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W.P.No.7134 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 21.08.2025

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CORAM :

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THE HONOURABLE MRS. JUSTICE N.MALA

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W.P. No.7134 of 2025

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S.Zamruth Begam ... Petitioner

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Vs.

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1.The Secretary, The Municipal Administration and Water Supply Department, Fort St.George, Chennai – 600 009.

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2.The Commissioner Corporation of Chennai, Rippon Buildings, Chennai – 600 003.

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3.Assistant Revenue Officer, Corporation of Chennai, Basin Bridge, Zone-5, Chennai – 600 021.

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4.K.Bala

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5.Deepak … Respondents

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PRAYER: Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Mandamus directing the 2^nd and 3^rd respondents to seal the shop of 5^th and 6^th respondents based on the petitioner's representation dated 14.11.2024.

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Page No.1 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.7134 of 2025

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For Petitioner : M/s.S.Muthrah for Mr.D.Muthukumarappa For R1 : Mr.S.Rajesh, Government Advocate For RR2 & 3 : Mr.S.Gopinathan Standing Counsel For RR 4 & 5 : Mr.S.Hussain Afroze

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O R D E R

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The petitioner has filed this petition to direct the respondents 2 and 3 to

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seal the shop of respondents 5 and 6 based on the petitioner's representation dated 14.11.2024.

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The petitioner is the great-granddaughter of Haji Mirza Ali Naqui

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Kirmani, who purchased property situated at New Door No.45, Old Door No.21, Shambudoss Street, Mannadi, Chennai, measuring 3,633 sq.ft. The property, originally 30 years old at the time of purchase, is now approximately 170 years old. A private wakf was created over the said property by her great-grandfather for charitable purposes and religious observances. Due to its dilapidated condition, tenants vacated the premises, and a large banyan tree has since rooted into the structure, rendering it dangerous and uninhabitable. As the heirs were economically unable to

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Page No.2 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.7134 of 2025

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renovate the building, they filed a scheme suit in C.S. No. 820 of 2008, which was decreed by this Hon’ble Court on 22.12.2020, permitting public auction of the property and distribution of interest on sale proceeds among the legal heirs. Subsequently, the 5th and 6th respondents trespassed into the property and began operating an unauthorized tea stall, pan shop, and tiffin centre, endangering the lives of laborers who stay in the structure. The petitioner made representations to authorities, including the Chief Minister’s Special Cell and the local Corporation, but despite assurances from the 3rd respondent that action would be taken, no steps have been initiated. Hence, this case.

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When the matter was taken up for hearing, learned standing counsel appearing for the respondents 2 & 3 has submitted a status report of the third respondent dated 23.04.2025, wherein it is stated that the respondent has issued 24 hours notice dated 15.04.2025 under section 102, 105, 107, 108-A, 109 of the TNULB Act, 1998 to the fifth respondent, notified to stop the trade within 24 hours of receipt of the notice and restore the above said premises affected in its original state. Despite which, the fifth respondent did

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Page No.3 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.7134 of 2025

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not turn back to comply with the directions issued by the respondent. Since the fifth respondent failed to comply with the requirements specified by the respondent, after the lapse of 24 hours, the respondent sent a letter dated 16.04.2025 to the Assistant Commissioner of Police and Inspector of Police, B2, Esplanade Police Station, Chennai and sought protection for eviction and lock and seal the subject building. Immediately on 17.04.2025, the subject premises were locked and sealed by the official respondent.

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