Madras High Court
The Reconstruction Committee Of vs Z.Mohamed Tahir Sahib on 22 August, 2023
W.A.No.1668 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.08.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.A.No.1668 of 2023
The Reconstruction Committee of
Management - AUQAF
Rep. by its President
Periya Palli Vasal
Maasthan Sahib Valiyullah Dargah Shareef
Masthan Palli Street
Karaikal 609 602. .. Appellant
Vs.
1. Z.Mohamed Tahir Sahib
2. Union of India
rep. by the Chief Secretary to Government
Government of Puducherry
Chief Secretariat
Puducherry.
3. The Secretary to Government
Department of Hindu Religious Institution and WAQF
Government of Puducherry
Chief Secretariat
Puducherry.
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W.A.No.1668 of 2023
4. The Chief Town Planner cum Member Secretary
State Level Heritage Conservation and Advisory Committee
Town and Country Planning Department
Government of Puducherry
Puducherry.
5. The District Collector cum District Magistrate
Government of Puducherry
Office of the District Magisrate
Karaikal, Puducherry.
6. The WAQF Officer
Puducherry State WAQF Board
No.1 & 3, Yenam Venkatachalam Pillai Street
Puducherry.
7. The Director General of Archaeological Survey of India
Dharohar Bhawan
No.24, Tilak Marg
New Delhi 110 001.
8. The Director
Archaeological Survey of India
Room No.328, C Wing
Shastri Bhawan
New Delhi 110 001.
9. The Senior Conservation Assistant
Archaeological Survey of India
Puducherry Sub Circle
No.17, III Cross, Anna Nagar, Nellithope
Puducherry. .. Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order dated 05.05.2023 made in W.P.No.14386 of 2023.
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W.A.No.1668 of 2023
For the Appellant : Mr.T.P.Manoharan
Senior Counsel
For Mr.T.M.Naveen
For the Respondents : Mr.P.Venkatraman
for Respondent-1
Mr.Ramasamy Meyyappan
Government Advocate (P)
for Respondents 2 to 9
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
Heard Mr.T.P.Manoharan, learned Senior Counsel for
Mr.T.M.Naveen, learned counsel for the appellant,
Mr.P.Venkatraman, learned counsel for the first respondent and
Mr.Ramasamy Meyyappan, learned Government Advocate for the
respondents 2 to 9.
2. The appellant assails the order passed by the learned
Single Judge dated 05.05.2023 and subsequently, clarified on
10.08.2023, in W.P.No.14386 of 2023.
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W.A.No.1668 of 2023
3. Amongst other submissions, one of the submission of
learned Senior Counsel for the appellant is that though the
appellant was the sixth respondent in the writ petition, no notice
was issued to the sixth respondent/present appellant and the writ
petition was disposed of recording the statement of learned
Additional Government Pleader. According to the appellant,
reconstruction is also required for some part of the property. The
same has not been considered.
4. According to learned counsel for the original writ petitioner/
first respondent herein, in fact, the building is a heritage building
and the present appellant is trying to demolish the heritage
structure.
5. It would appear that the writ petition is disposed of by
recording the statement of learned Additional Government Pleader.
6. As the stand of the present appellant is otherwise than the
stand of the Government and that the present appellant has not
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W.A.No.1668 of 2023
been served with the notice of the writ petition, it would be
appropriate that opportunity is given to the present appellant also
to put forth its case.
7. In the light of that, the impugned order passed by the
learned Single Judge is set aside. The parties herein shall appear
before the learned Single Judge on 18.09.2023. The learned Single
Judge may, thereafter, take up the matter, as per his convenience
and pass orders. It is made clear that there is no stay for the
maintenance work. However, no part of the subject building shall be
demolished until further orders of the learned Single Judge.
8. The writ appeal is disposed of. There will be no order as to
costs. Consequently, C.M.P.No.14843 of 2023 is closed.
(S.V.G., CJ.) (P.D.A., J.)
22.08.2023
Index : Yes/No
Neutral Citation : Yes/No
kpl
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W.A.No.1668 of 2023
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W.A.No.1668 of 2023
To
1. The Chief Secretary to Government
Government of Puducherry
Chief Secretariat, Puducherry.
2. The Secretary to Government
Department of Hindu Religious Institution and WAQF
Government of Puducherry
Chief Secretariat, Puducherry.
3. The Chief Town Planner cum Member Secretary
State Level Heritage Conservation and Advisory Committee
Town and Country Planning Department
Government of Puducherry, Puducherry.
4. The District Collector cum District Magistrate
Government of Puducherry
Office of the District Magisrate
Karaikal, Puducherry.
5. The WAQF Officer
Puducherry State WAQF Board
No.1 & 3, Yenam Venkatachalam Pillai Street
Puducherry.
6. The Director General of Archaeological Survey of India
Dharohar Bhawan, No.24, Tilak Marg, New Delhi 110 001.
7. The Director
Archaeological Survey of India
Room No.328, C Wing
Shastri Bhawan, New Delhi 110 001.
8. The Senior Conservation Assistant
Archaeological Survey of India
Puducherry Sub Circle
No.17, III Cross, Anna Nagar, Nellithope, Puducherry.
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W.A.No.1668 of 2023
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
(kpl)
W.A.No.1668 of 2023
22.08.2023
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