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Madras High CourtWP/2362/2023closed

Kaligi Ranganathan J.J. Educational Trust v. Union Of India

2025-09-22Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.09.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.Nos. 2435, 2437, 2495, 2496, 2443, 2446 & 2449 of 2023 Kaligi Ranganathan J.J.Educational Trust, Rep. By its Managing Trustee, R.J.Thayumanaswamy, No.9, Anandavelu Street, Chennai - 600 011.

... Petitioner in W.P.Nos.2362 & 2368 of 2025 M/s.S.S.Enterprises, Rep. By its Managing Partner, R.J.Thayumanaswamy, Block No.11, T.S.No.32/1, Shanthi Colony 2nd Lane, Sembium, M.H.Road, Perambur, Chennai - 600 011.

... Petitioner in W.P.No.2403 of 2025 Vs.

1.Union of India, Ministry of Home Affairs, Rep. By Secretary to Government of India, 2nd Floor, NDCC-II Building, Jai Singh Road, New Delhi.

2.The Custodian of Enemy Property, Office of the Custodian of Enemy Property for India Ministry of Home Affairs, 1st Floor, East Wing, Annexe Building, Shivaji Stadium, Connaught Place, New Delhi - 110001.

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3.The Assistant Custodian of Enemy Property, Ministry of Home Affairs, Mumbai Branch Office, Kaiser I - Hind Building, Currimbhoy Road, Ballard Estate, Mumbai - 400038.

4.Enemy Property Disposal Committee, Rep.by its Chairman, Ministry of Home Affairs, 1st Floor, East Wing, Annexe Building, Shivaji Stadium, Connaught Place, New Delhi - 110001.

...Respondents in all petitions

Prayer in W.P.No.2362 of 2023: Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent in proceedings in F.No. CEPI / DEL / 01 / 20 / 2020- Part / 1823 and to quash the order dated 01.11.2022 passed by the Second Respondent rejecting the consequential order under File No. 6(5) Pak / 1144 dated 04.11.2022 issued by the 3rd Respondent directing eviction, in respect of the property comprised in T.S. No. 32/1 (Part), Block No.11, Sembiam Village, Perambur Taluk, Chennai, admeasuring 13 grounds and 757 sq.ft out of 33 grounds 1274 sq.ft., (covered under latest Lease Agreement dated 8.8.2019) and to quash the same, and consequently to direct the respondents to reconsider the petitioners representation dated 09.11.2020 as per Rule 9(2) of the Guidelines for the Disposal of Enemy Property Order, 2018 under the Procedure and Mechanism For Disposal of Immovable Enemy Properties Order, 2020 by giving an a fair opportunity of hearing to the petitioner as 2/7

the occupant of the Enemy Property as per Rule 9(2) of the aforesaid Guidelines which affords priority to the occupier for purchase of the aforesaid property.

Prayer in W.P.No.2403 of 2023: Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent in proceedings in F.No. CEPI / DEL / 01 / 16 / 2020- Part / 1785 and to quash the order dated 25.10.2022 passed by the Second Respondent rejecting the petitioners representation dated 07.05.2018 for purchase of the property comprised in T.S. No. 32/1, 46/1, 46/2, 47 and 51, Block No.11, Sembiam Village, Perambur Taluk, Chennai District, admeasuring 56 grounds and 370 sq.ft. being used as a Play-Ground by KRM Public School, and to quash the same, and consequently to direct the Respondents to consider the petitioner representation dated 07.05.

2018 as per Rule 9(2) of the Guidelines for the Disposal of Enemy Property Order, 2018 under the Procedure and Mechanism For Disposal of Immovable Enemy Properties Order, 2020 by giving an a fair opportunity of hearing to the petitioner as the occupant of the Enemy Property as per Rule 9(2) of the aforesaid Guidelines which affords priority to the occupier for purchase of the aforesaid property. Prayer in W.P.No.2368 of 2023: Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent in proceedings in F.No. CEPI / DEL / 01 / 20 / 2020- Part / 1823 and to quash the order dated 01.11.2022 passed by the Second Respondent rejecting the petitioners representation dated 09.11.2020 to purchase the property comprised in T.S. No.

Block No.11, Sembiam Village, Perambur Taluk, Chennai, admeasuring 17 grounds and 1743 sq.ft. plus 2 Grounds out of 33 grounds 1274 sq.ft., (covered under Leave and License Agreement dated 1.4.2022) and consequently to direct the respondents to reconsider the petitioners representation dated 09.11.2020 as per Rule 9(2) of the Guidelines for the Disposal of Enemy Property Order, 2018 under the Procedure and Mechanism For Disposal of Immovable Enemy Properties Order, 2020 by giving an a fair opportunity of hearing to the petitioner as the occupant of the Enemy Property as per Rule 9(2) of the aforesaid Guidelines which affords priority to the occupier for purchase of the aforesaid property. For Petitioner : Mr.N.L.Rajah, Senior Counsel for In all petitions Mr.N.Ramiah For Respondents : Mr.K.

Srinivasamurthy for R1 to R4 In all petitions COMMON ORDER Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner has filed an affidavit wherein, it is stated as follows:- "2. I respectfully submit that in view of the execution of the lease/leave and license Agreement dated 31.01.2025 effective 01.04.2022 to 28.02.

with the petitioenr for running of its School in respect of the subject property and the current renewal dated 17.06.2025, which is currently in force and in view of the assent to reconsider of the petitioner's representation for purchase by the authorities, the above Writ Petitions may be closed / disposed of with liberty to file any further proceedings if cause of action arises and render justice."

2. Recording the same, these Writ Petitions are closed. No costs. Consequently, connected miscellaneous petitions are closed. 22.09.2025 kkn Internet : Yes / No Index: Yes / No Speaking order / Non-speaking order 5/7

To:

1.Union of India, Ministry of Home Affairs, Rep. By Secretary to Government of India, 2nd Floor, NDCC-II Building, Jai Singh Road, New Delhi.

2.The Custodian of Enemy Property, Office of the Custodian of Enemy Property for India Ministry of Home Affairs, 1st Floor, East Wing, Annexe Building, Shivaji Stadium, Connaught Place, New Delhi - 110001.

3.The Assistant Custodian of Enemy Property, Ministry of Home Affairs, Mumbai Branch Office, Kaiser I - Hind Building, Currimbhoy Road, Ballard Estate, Mumbai - 400038.

4.The Chairman, Enemy Property Disposal Committee, Ministry of Home Affairs, 1st Floor, East Wing, Annexe Building, Shivaji Stadium, Connaught Place, New Delhi - 110001.

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M.DHANDAPANI, J.

KKN 22.09.2025 7/7