M/S Preet Enterprises v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-03-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER WA No. 231 & 394 of 2011 W.P.No.9420 of 2015, W.P.Nos.9406, 5913, 5747, 5748, 4919 to 4923, 4760 to 4765 & 5054 to 5059 of 2011 & W.P.No.23361 of 2013 and C.M.P.Nos.4106 & 4107 of 2020 & C.M.P.No.901 of 2018 M/s Preet Enterprises Rep By Its Proprietor, C.J.Francis, S/o C.P.John, Old No.3/88, Mount Poonamallee High Road, Ramapuram, Chennai ..Appellant(s) Vs
1. The State Of Tamil Nadu Rep By Its Secretary To Government Department Of Revenue, Fort St.George, Chennai.
2. The Special Commissioner & Commissioner Of Urban Land Ceiling & Urban Land Tax, Chepauk, Chennai
3. The Assistant Commissioner Mylapore, (urban Land Ceiling) 345, Arcot Road, Kodambakkam, Chennai
4. The Assistant Commissioner (urban Land Ceiling) Door No.153, Karunegar St, Opp To IOB Bldg, Adambakkam, Chennai 600 088.
5. Mrs.K.Radhalakshmi 27, Venkatanarayana Road, Chennai 17.
6. Telace Plants & Equipments Pvt Ltd, (under Process Of Striking Off), 3/88, Mount Poonamallee Roa, D Ramapuram, Chennai 600 089.
..Respondent(s) W.A.No.231 of 2011 For Appellant(s):
Mr.R.Venkatavarathan for Mrs.C.Uma For Respondent(s):
Mr.T. Arun Kumar Addl.G.P. for R1 to R4 Mr.P.Subba Reddy for R5 Mr.J.D.Srikanth Varma for R6 W.A.No.394 of 2011 For Appellant(s):
Mr.R.Venkatavarathan for Mrs.C.Uma For Respondent(s):
Mr.T. Arun Kumar Addl.G.P. for R1 to R4 Mr.P.Subba Reddy for R5 W.P.No.9420 of 2015 For Petitioner(s):
Mr.P.Subba Reddy For Respondent(s):
Mr.T, Arun Kumar Addl.G.P. for R1 to R4 W.P.No.9406 of 2011 For Petitioner(s):
No appearance For Respondent(s):
Mr.T. Arun Kumar Addl.G.P. for R1 & R2 Mr.P.Subba Reddy for R3 W.P.No.5913 of 2011 For Petitioner(s):
Mr.R.Venkatavarathan for Mrs.C.Uma
For Respondent(s):
Mr.T. Arun Kumar Addl.G.P. for R1 & R2 Mr.P.Subba Reddy for R3 W.P.Nos.5747 & 5748 of 2011 For Petitioner(s):
Mr.R.Venkatavarathan for Mrs.C.Uma For Respondent(s):
Mr.T. Arun Kumar Addl.G.P. for R1 & R2 Mr.P.Subba Reddy for R3 W.P.Nos.4919 to 4923 of 2011 For Petitioner(s):
Mr.R.Venkatavarathan for Ms.C.Uma For Respondent(s):
Mr.T. Arun Kumar Addl.G.P. for R1 & R2 Mr.P.Subba Reddy for R3 W.P.Nos.4760 to 4765 of 2011 For Petitioner(s):
Mr.R.Venkatavarathan for Ms.C.Uma For Respondent(s):
Mr.T. Arun Kumar Addl.G.P. for R1 & R2 Mr.P.Subba Reddy for R3 W.P.Nos.5054 to 5059 of 2011 For Petitioner(s):
Mr.R.Venkatavarathan for Ms.C.Uma For Respondent(s):
Mr.T, Arun Kumar Addl.G.P. for R1 & R2 Mr.P.Subba Reddy for R3
W.P.No.23361 of 2013 For Petitioner(s):
Mr.P.Subba Reddy For Respondent(s):
Mr.T. Arun Kumar Addl.G.P. for R1 to R4 COMMON JUDGMENT (Judgment of the Court was delivered by S.M.Subramaniam J.) The Hon'ble Supreme Court in Special Leave Petition (C) No.29967 of 2018, vide order dated 05.11.2024, has passed the following order. "Applications for impleadment/ intervention are allowed. Heard learned counsel appearing for the parties. We are not inclined to interfere with the impugned judgment. However, we grant liberty to the petitioners to work out all remedies in the manner known to law, if the law so permits, qua the Government.
It is sufficient for us to observe that the property has now come to the holding of Government and it is well open to them to deal with it in the manner that they deem fit. If there is already an allotment which has been made, it can be proceeded with in accordance with law. The Special Leave Petitions and the Transferred cases have been filed by the tenant(s) inter alia alleging that the respondents being the landlord had lost title even at the time of granting tenancy. The Writ Petition(s)/Writ Appeals had been filed by the allottee pursuant to an attempt made by the original landlord in challenging the Urban Land Ceiling proceedings which have now become final. The Writ Petitioner(s) is/are the allottees of land from the Government.
Mr. V. Ramesh, learned counsel for the allottee in the Writ Petition(s)/Writ Appeals submits that he has to be given the benefit of allottment.
Mr. Jaideep Gupta, learned Senior Counsel appearing for the Government submits that it is for the Government to take appropriate action in the manner known to law.
We are of the view that inasmuch as the property has become one which is of the Government, it is for the Government to take appropriate action in the manner known to law. We grant liberty to the petitioners to take all pleas in the execution petition, including the contention that the decree cannot be executed.
Additionally, we hold that it is open to the Writ Petitioners/Writ Appellants and the petitioners in the Special Leave Petitions to work out remedies in the manner known to law.
Similarly, liberty is also granted to the respondents-landlord(s) to take appropriate steps in tune with the report filed by the Government. The Special Leave Petitions and the Transferred Cases stand disposed of accordingly."
2. In view of the order dated 05.11.2024 passed by the Hon'ble Supreme Court, no order is required in the above Writ Appeals and the Writ Petitions. Accordingly, the Writ Appeals and the Writ Petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S.,J.) (K.S.,J.) 23-03-2026 Index: Yes/No Speaking/Non-speaking order vsi
To
1. The Secretary To Government Department of Revenue, Fort St.George, Chennai.
2. The Special Commissioner & Commissioner Of Urban Land Ceiling & Urban Land Tax, Chepauk, Chennai
3. The Assistant Commissioner Mylapore, (urban Land Ceiling) 345, Arcot Road, Kodambakkam, Chennai
4. The Assistant Commissioner (urban Land Ceiling) Door No.153, Karunegar St, Opp to IOB Bldg, Adambakkam, Chennai 600 088.
S.M.SUBRAMANIAM, J.
AND K.SURENDER, J.
vsi WA No. 231 & 394 of 2011 W.P.No.9420 of 2015, W.P.Nos.9406, 5913, 5747, 5748, 4919 to 4923, 4760 to 4765 & 5054 to 5059 of 2011 & W.P.No.23361 of 2013 and C.M.P.Nos.4106 & 4107 of 2020 & C.M.P.No.901 of 2018 23-03-2026