Chellammal Education Society v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2019

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA CRP.(NPD)No.326 of 2016 and CMP.No.1735 of 2016 Chellammal Education Society Represented by Secretary 43/2, Nadu Street, Mylapore, Chennai-600 004.

..Petitioner Vs The Commissioner, Corporation of Chennai, Rippon Buildings, Chennai- 600 003.

..Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India praying to allow the civil revision petition and to set aside the order decreetal order dated 8.12.2015 passed in C.M.A.No.140/2005 on the file of the Court of the Principal City Civil Judge, Chennai confirming the order dated 28.09.2005 passed in L.&E.D.C.No.SC1/2671 on the file of the Estate Officer/Commissioner of Chennai.

For Petitioner : Mr. S. Raghavan For Respondent : Mr. S. Saravanan

O R D E R

The above Civil Revision Petition arises out of the proceedings initiated under the Tamil Nadu Public Premises (Eviction of Unauthorised occupants) Act by the Estate Officer. The main ground on which the revision petitioners have been asked to vacate the premises is on the ground that they have put up a construction without obtaining the permission of the respondent Corporation and the occupation of the society of the land in question is unauthorized. The matter was taken up on challenge in CMA.No.140 of 2005 before the Principal Judge, City Civil Court, Chennai who confirmed the order of eviction passed by the the Estate Officer and challenging such order, the https://hcservices.ecourts.gov.in/hcservices/

revision petitioner is before this Court.

2. The premises in question is the building housing Educational School which is run by the petitioner society. Considering the fact that the same is an iconic landmark in the city of Madras, an opportunity is given to the petitioner to approach the Secretary, Department of Municipal Administration, Housing & Urban Development to consider the question of renewal of the lease in favour of the petitioner society, with a copy marked to the respondent/Commissioner Corporation of Chennai. The Secretary is directed to consider the request and pass orders and till such time the orders of the Estate Officer shall be kept in abeyance. It would be appreciated if the Secretary is able to dispose of the application within a period of two (2) months from the date of receipt of a copy of this order. Accordingly, Civil Revision Petition is disposed of in the above terms. No costs. Consequently, connected Miscellaneous Petition is closed.

mrn Sd/- Assistant Registrar(C.O) //True Copy// Sub Assistant Registrar To 1.The Principal City Civil Judge, Chennai 2.Estate Officer/Commissioner, Chennai.

Copy to:- The Section Officer, V.R.Section, High Court, Madras - 104.

+1cc to Mr.S.Raghavan, Advocate, SR.No.25591 +1cc to Mr.S.Saravanan, Advocate, SR.No.26101 CRP.(NPD)No.326 of 2016 and CMP.No.1735 of 2016 Kak(21/04/2019) https://hcservices.ecourts.gov.in/hcservices/