The Alda Fowler Nursery v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE P.B. BALAJI The Alda Fowler Nursery School Trust, Represented by its Trustee Mrs.G.Chandralekha, V.O.Chidambaram Park, Coimbatore-641 018.
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Appellant versus 1.The Principal Secretary to Government, Municipal Administration and Water Supplly (M.C.II) Department, Secretariat, Chennai-600 009.
2.The Director of Municipal Administration, Chepauk, Chennai- 600 005.
3.The Commissioner, Coimbatore Corporation, Coimbatore-641 001.
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Respondents PRAYER: Writ Appeal filed against the order of the learned Single Judge dated 30.07.2018 in W.P.No.33014 of 2015. 1/6
For the Appellant : Mr.M.S.Krishnan Senior Counsel for Mr.C.V.Vijaya Kumar For the Respondents: Mrs.Geethathamarai Selvan Special Government Pleader for respondents 1 and 2 Mr.V.Ayyadurai Senior Counsel for Mr.K.Magesh Standing Counsel for third respondent
JUDGMENT
(Judgment of the Court was made by D.KRISHNAKUMAR, J.) The writ appeal is filed challenging the order dated 30.07.2018 passed by the Writ Court in W.P.No.33014 of 2015.
2. It is brought to the notice of this Court that the appellant/petitioner has already sent a letter to the third respondent Corporation for handing over the land, which is in possession of the appellant.
3. Learned Senior Counsel appearing for the appellant/writ petitioner has also submitted before this Court that appellant have no objection for the said land, which is in possession of the appellant, 2/6
being taken over by the third-respondent Corporation and they are ready to handover the said possession of the land, which is in possession of the appellant/writ petitioner to the third respondent corporation even today itself. Yet another request is made by the learned counsel for the appellant that insofar as arreas of the lease amount is concerned, third respondent corporation may proceed in accordance with law for recovery of the arrears amount, after affording opportunity to the appellant.
4. The above said statement made by the learned counsel for the appellant is placed on record.
5. In such circumstances, no further adjudication is required in the present appeal.
6. In view of the above, learned counsel for the third respondent may not have any serious objection in following the procedure as contemplated under law to initiate recovery proceedings as against the appellant. Therefore, liberty is granted to the third respondent corporation to proceed in accordance with law to recover 3/6
the said arrears amount. It is needless to say that sufficient opportunity shall be granted to the appellant.
7. With the above, the writ appeal stands disposed of. There will be no order as to costs.
[D.K.K., J.] [P.B.B., J.] 11.09.2023 Index : Yes/No mrn To 4/6
1.The Principal Secretary to Government, Municipal Administration and Water Supplly (M.C.II) Department, Secretariat, Chennai-600 009.
2.The Director of Municipal Administration, Chepauk, Chennai- 600 005.
3.The Commissioner, Coimbatore Corporation, Coimbatore-641 001.
D.KRISHNAKUMAR, J.
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and P.B. BALAJI (mrn) 11.09.2023 6/6