Madras High Court
Tenkasi Bazaar Jumma Pallivasal ... vs The District Collector on 24 September, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY
AND
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
W.A(MD)NO.1585 OF 2021
Tenkasi Bazaar Jumma Pallivasal Jamath
represented by its President,
Haji M.S.Haja Maideen,
Opposite to Court,
Tenkasi,
Tirunelveli Distrtict
(Now New District of Tenkasi) :Appellant/Petitioner
.vs.
1.The District Collector,
Tirunelveli District,
Tirunelveli.
(Now New District of Tenkasi)
Tenkasi.
2.The Superintendent of Police,
Tirunelveli District,
Tirunelveli,
(Now New District of Tenkasi),
Tenkasi.
3.The Revenue Division Officer,
Tenkasi,
Tirunelveli District
(Now New District of Tenkasi).
4.The Commissioner,
Tenkasi Municipality,
Tenkasi,
Tirunelveli District.
(Now New District of Tenkasi)
https://www.mhc.tn.gov.in/judis/
2
5.Solaikannan
6.Kumar
7.Arulmighu Kasivishwanathaswamy Temple,
Tenkasi,
thorugh its Executive Officer,
Tirunelveli District
(Now New District of Tenkasi) : Respondents/Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent
praying this Court to set aside the order passed by this Court in
W.P(MD)No.16969 of 2014, dated 30.04.2021.
For Appellant :Mr.M.Ajmal Khan
for Mr.A.Haja Mohideen
For Respondents :Mr.Veerakathiravan
1 to 3 Addl.Advocate General
for Mr.P.Thilakkumar
Government Pleader
For Respondent-4 :Mr.P.Athimoolapandian
For Respondent-5 :No appearance
For Respondent-6 :Mr.R.J.Karthik
For Respondent-7 :Mr.S.Manohar
JUDGMENT
*************
[Judgment of the Court was made by M.DURAISWAMY,J.]
Challenging the order passed in W.P(MD)No.16969 of 2014,
dated 30.4.2021, the Writ Petitioner has filed the above Writ
Appeal.
https://www.mhc.tn.gov.in/judis/
2.The appellant had filed the Writ Petition to issue a Writ of
Certiorarified Mandamus to call for the order passed by the first
respondent, dated 14.09.2014 and to quash the same and to direct
the first respondent to issue No Objection Certifiate to re-construct
the mosque of Tenkasi Bazaar Jumma Pallivasal by removing the
existing old structure situated at No.35, Amman Sannathi Street,
Opposite to Tenkasi Sub-Court,Tenkasi, by getting plan approval
from the fourth respondent.
3.Mr.M.Ajmal Khan, learned Senior Counsel appearing for the
appellant submitted that the learned Single Judge has reserved the
Writ Petition for orders as early as 19.11.2019, pronounce the
order only on 30.4.2021 and therefore, the order passed in the
Writ Petition is liable to be set aside solely on that ground, in view
of the judgment of the Honourable Supreme Court of India in the
case of Anil Rai .vs. State of Bihar reported in (2001) 7
Supreme Court Cases, 318 and the order of the Division Bench
of this Court in the case of Jones Investment
Co.Inc .vs.Intellectual Property Appellate Board reported in
2015 -4-L.W.30. Further, the learned counsel submitted that
inspite of going into the merits of the order passed in the Writ
Petition, it would be suffice to grant liberty to the appellant to file
an appeal as against the order passed by the first respondent,
https://www.mhc.tn.gov.in/judis/
dated 14,09.2014, which is impugned in the Writ Petition under
Section 6(4) of the Tamil Nadu District Municipalities Buildings
Rules, 1972 independently and the Appellate Authority may be
directed to consider the appeal filed by the appellant uninfluenced
by the observation made in the Writ Petition in W.P(MD)No.16969
of 2014
4.Mr.Veerakathiravan, learned Additional Advocate General
appearing for the respondents 1 to 3, Mr.P.Athimoolapandian,
learned Standing Counsel appearing for the fourth
respodent,Mr.,R.J.Karthik, learned counsel appearing for the sixth
respondent and Mr.S.Manohar, learned counsel appearing for the
seventh respondent has no objection for giving such liberty.
5.Having regard to the submissions made by the learned
counsel appearing on either side, the Writ Appeal is disposed of by
giving such liberty to the appellant for filing an appeal under Rule
6(4) of the Tamil Nadu District Municipalities Buildings Rules, 1972
within a period of two weeks from the date of receipt of a copy of
this order.The appellant is directed to make all the respondents in
the Writ Appeal as respondents in the appeal filed before the
Appellate Authority. On filing of the above appeal, the Appellate
Authority is directed to consider the appeal filed by the appellant
https://www.mhc.tn.gov.in/judis/
and decide the same independently on merits and in accordance
with law, after affording an opportunity of hearing to all the parties
concerned, uninfluenced by any of the observations made in the
Writ Petition in W.P(MD)No.16969 of 2014 within a period of four
months from the date of presentation of the appeal by the
appellant. It is made clear that the Appellate Authority shall
consider all the contentions to be raised by the parties concerned
while deciding the matter. No costs.
[M.D.,J.] & [K.M.S.,J.]
24.09.2021
Index:Yes/No
Internet:Yes/No
vsn
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of
the order may be utilized
for official purposes, but,
ensuring that the copy of
the order that is presented
is the correct copy, shall be
the responsibility of the
advocate / litigant
concerned.
To
1.The District Collector,
Tirunelveli District,
Tirunelveli.
https://www.mhc.tn.gov.in/judis/
(Now New District of Tenkasi)
Tenkasi.
2.The Superintendent of Police,
Tirunelveli District,
Tirunelveli,
(Now New District of Tenkasi),
Tenkasi.
3.The Revenue Division Officer,
Tenkasi,
Tirunelveli District
(Now New District of Tenkasi).
4.The Commissioner,
Tenkasi Municipality,
Tenkasi,
Tirunelveli District.
(Now New District of Tenkasi)
5.The Executive Officer,
Arulmighu Kasivishwanathaswamy Temple,
Tenkasi,
Tirunelveli District
(Now New District of Tenkasi)
https://www.mhc.tn.gov.in/judis/
M.DURAISWAMY, J.
AND
K.MURALI SHANKAR, J.
vsn
JUDGMENT MADE IN
W.A(MD)NO.1585 OF 2021
https://www.mhc.tn.gov.in/judis/
24.09.2021
https://www.mhc.tn.gov.in/judis/
