R.Pushparathi v. The Commissioner
1/9
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-07-2025
CORAM
THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN AND WA NO. 2084 OF 2025,CMP NO. 15802 OF 2025,CMP NO. 15787 OF 2025
1. R.Pushparathi W/o. V.Rathinam, having office at, No.209, Jawaharal Nehru Road, 100 ft Road, Arumbakkam, S.No.103 AND 104, T.S.No.6/1, 6/2, 6/3, Sri Sakthi Nagar, Chennai 600 106 Appellant(s) Vs
1. The Commissioner
2/9 3.The Assistant commissioner Respondent(s) WA No. 2084 of 2025
1. V.Rathinam S/o.Valasubramaniam, having office at No.209, Jawaharal Nehru Road, 100 ft Road, Arumbakkam, S.No.103 AND 104, T.S.No.6/1, 6/2, 6/3, Sri Sakthi Nagar, Chennai 600 106.
Appellant(s) Vs
1. The Commissioner,
3/9 3.The Assistant commissioner Respondent(s) CMP No. 15802 of 2025
1. V.Rathinam S/o.Valasubramaniam, having office at No.209, Jawaharal Nehru Road, 100 ft Road, Arumbakkam, S.No.103 AND 104, T.S.No.6/1, 6/2, 6/3, Sri Sakthi Nagar, Chennai 600 106.
Appellant(s) Vs
1. The Commissioner, 3.The Assistant commissioner
4/9 Respondent(s) CMP No. 15787 of 2025
1. R.Pushparathi W/o. V.Rathinam, having office at, No.209, Jawaharal Nehru Road, 100 ft Road, Arumbakkam, S.No.103 AND 104, T.S.No.6/1, 6/2, 6/3, Sri Sakthi Nagar, Chennai 600 106 Appellant(s) Vs
1. The Commissioner 3.The Assistant commissioner
5/9 Respondent(s) PRAYER To set aside the order in W.M.P.No.33208 of 2024 in W.P.No.24598 of 2018 dated 19.10.2024.
WA No. 2084 of 2025 PRAYER To set aside the order in W.M.P.No.33213 of 2024 in W.P.No.24597 of 2018 dated 19.10.2024 and pass such further or other orders as this Honourable court may deem fit and proper in the facts and circumstances of the case. CMP No. 15802 of 2025 PRAYER To grant an interim stay of the operation of the impugned order dated 19.10.2024 in W.M.P.No.33213 of 2024 in W.P.No.24597 of 2018 on the file of the Honourable the Madras High Court at Chennai and all further proceedings relating thereto pending disposal of the appeal. CMP No. 15787 of 2025 PRAYER To grant an interim stay of the operation of the impugned order dated 19.10.2024 in WMP No.33208 of 2024 in WP No.24598 of 2018 on the file of the Honble Madras High Court at Chennai....
6/9 WA No. 2082 & 2084 of 2025 For Appellant(s):
P.Gunaraj K.R. Arun Shabari N. Saisathiyabama For Respondent:
Mr.K.Karthikeyan, Government Advocate COMMON JUDGMENT (The Judgment of the Court was delivered by J. NISHA BANU, J.) Since the issue involved in both the writ appeals are one and the same, they are disposed of by this Common Judgment. These Writ Appeals have been filed challenging the Common Order passed in W.M.P No.33208 of 2024 in W.P No.24598 of 2018 and W.M.P No.33213 of 2024 in W.P.No.24597 of 2018, dated 19.10.2024 by this Court.
2. The appellant was inducted as a tenant in respect of the vacant th respondent and permitted the appellant to construct property owned by the 4 buildings and erect superstructure for commercial purposes. The appellant also th respondent constructed superstructure and continued to pay the rent to the 4 without any default. Subsequently, fair rent was fixed by the respondents. According to the appellant, the respondents have fixed exorbitant rent without following the guidelines and G.Os. The appellant did not pay the rent properly. nd respondent/ Joint Commissioner H.R. & C.E. passed the eviction Hence, the 2 order and the said order was also confirmed by the 1st respondent/Commissioner H.R. & C.E. Against the same, the appellant filed the
7/9 writ petitions. In the said writ petitions, this Court, by way of an interim order, directed the appellant to pay the dues in instalments. Since the appellant did not comply with the conditional order passed by this Court, the writ Court dismissed the writ petitions and directed the respondents to take possession of the subject property.
3. Today, learned Special Government Pleader appearing for the respondents would state that since the conditional order passed by this Court has not been complied with, the Writ Petitions were dismissed and after the dismissal of the writ petitions, as directed by this Court, possession of the subject properties has also been taken by the respondents on 19.10.2024.
4. Since the conditional order passed by this Court in the writ petitions has not been complied with and subsequently, after the dismissal of the writ petitions, the respondents have also taken possession of the subject properties, we are not inclined to entertain the writ appeals. Therefore, the Writ Appeals stand dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
(J.NISHA BANU J.)(M.JOTHIRAMAN J.) 10-07-2025 uma Index:Yes/No Speaking/Non-speaking order Internet:Yes
8/9 WA Nos. 2082 & 2084 of 2025 To 1.The Commissioner 3.The Assistant commissioner
9/9 J.NISHA BANU J.
AND M.JOTHIRAMAN J.
AND WA NO. 2084 OF 2025,CMP NO. 15802 OF 2025,CMP NO.
15787 OF 2025 10-07-2025