LAWS(MAD)-2024-4-83

MOHMOOD HUSSAIN Vs. STATE OF TAMIL NADU

Decided On April 23, 2024
Mohmood Hussain Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) All these writ petitions are with a prayer to declare the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Amendment Act (Act No.33 of 2010) as void, ultra vires the Constitution, being repugnant to the Waqf Act, 1995, as amended by the Act No.27 of 2023. The writ appeals are filed to set aside the common order dtd. 3/7/2023 passed by the learned Single Judge in W.P.Nos.17331, 13506, 13510, 13514, 144224, 14426, 14428, 14432, 16963, 17164, 17399, 17371, 18475 and 18479 of 2023. 1.1 All these petitioners and appellants are either tenants whose lease has expired/determined or are treated as encroachers in respect of the properties/premises belonging to the Waqf.

(2.) The Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975 (Act 1 of 1976) was enacted by the State of Tamil Nadu and it also received the assent of the President on 3/1/1976. The Act is to provide for eviction of unauthorised occupants from public premises and for matters incidental thereto. Sec. 2(d) defines "premises" as follows:

(3.) In the year 1995, the Parliament enacted the Waqf Act, 1995 (Act No.43 of 1995), [for short, "the Waqf Act, 1995"] which is to provide for the better administration of the Waqf and for matters connected therewith or incidental thereto. The said Act repealed the Waqf Act, 1954 (Act No.29 of 1954), as amended, while saving the actions taken under the erstwhile Act. The Act defines "waqf" under Sec. 3(r) as follows: