Madras High Court
The Secretary vs K.Naveedur Rahman on 25 October, 2025
C . R . P. ( P D ) N O . 2 6 0 O F 2 0 2 2
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25/10/2025
CORAM
THE HONOURABLE MR. JUSTICE R.SAKTHIVEL
C.R.P.(PD)NO.260 OF 2022
The Secretary,
Managing Committee Barafath Charities,
No.17/18, Adipattan Street,
Mount Road, Chennai-2. ... Petitioner/2nd Respondent/
Petitioner
Vs.
1.K.Naveedur Rahman,
S/o.J.Kalimur Rahman,
Old No.14, New No.19/37,
Bangaru Naicken Street,
Ellis Road, Mount Road,
Chennai – 2. ... 1st Respondent /Appellant/
Respondent
2.The Estate Officer,
Waqf House, No.1 Jaffer Syrang Street,
Vallal Seethakathi Nagar,
Chennai – 1. ... 2nd Respondent /1st Respondent/
Presiding Officer
PRAYER : Civil Revision Petition filed under Article 227 of the
Constitution of India, 1950, praying to set aside the Judgment and Decree
dated March 25, 2021 made in C.M.A.No.16 of 2020 on the file of the
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C . R . P. ( P D ) N O . 2 6 0 O F 2 0 2 2
Principal Judge, City Civil Court, Chennai allowing the appeal and setting
aside the order dated June 08, 2020 and made in Case
No.PP.No.38/CHE/2016 on the file of the Estate Officer under the Tamil
Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975.
For Petitioner : Mr.I.Kowser Nissar
For Respondent-1 : Mr.A.Segu Kaizer
For Respondent-2 : No appearance
ORDER
The first respondent herein is the appellant in C.M.A.No.16
of 2020. The said Civil Miscellaneous Appeal was allowed on March 25,
2021.
2.Feeling aggrieved by the order, the second respondent
therein namely the Secretary, Managing Committee Barafath Chartities,
have preferred this Civil Revision Petition.
3.To be noted, during the pendency of this Civil Revision
Petition, the Hon'ble First Bench of this Court passed an order in a batch
of writ petitions and writ appeals, in which the operative portion of the
order reads as follows:
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13.2. W.A.Nos.2865, 2070, 2074, 2076,
2078, 2109, 2195, 2289 and 2290 of 2023; 820
and 944 of 2024 are allowed on the following
terms:
(i) In view of our decision holding the
Tamil Nadu Public Premises (Eviction of
Unauthorised Occupants) Amendment Act 33 of
2010 as repugnant, void and ultra vires the
Constitution, the proceedings initiated against the
appellants by issuance of show cause notices in
exercise of the power of such enactment are
unsustainable and, as such, the common order of
the learned Single Judge dated 3.7.2023 in
W.P.Nos.17331, 13507, 13510, 13514, 14424,
14426, 14428, 14432, 16963, 17164, 17399,
17371, 18475 and 18479 of 2023 is set aside.
4.In view of the above decision, this Civil Revision Petition
stands closed. Considering the facts and circumstances of the case, there
shall be no order as to costs.
25/10/2025
Index : Yes /No
Speaking Order : Yes /No
Neutral Citation : Yes /No
pam
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C . R . P. ( P D ) N O . 2 6 0 O F 2 0 2 2
R. SAKTHIVEL, J.
pam
To
1.The Principal Judge,
City Civil Court,
Chennai.
2.The Estate Officer,
Waqf House, No.1 Jaffer Syrang Street,
Vallal Seethakathi Nagar,
Chennai – 1.
C.R.P.(PD)NO.260 OF 2022
25/10/2025
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