The Bombay Burman Trading v. Principal Chief Conservator

2025:MHC:1991

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2025 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH and THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR W.A.No. 1435 of 2017 and W.P.(MD) Nos. 8259 of 2018 & 1311 of 2019 & W.M.P(MD) Nos. 7835,19999 of 2018, 1116, 1117 of 2019 W.A.No. 1435 of 2017 The Bombay Burmah Trading Corporation Ltd., Mudis, Valparia, Coimbatore District, Rep. by its General Manager, Legal & Personnel, Divakaran Moorkath.

.. Appellant vs 1.Principal Chief Conservator of Forest, Chennai - 600 015.

2.The Deputy Director, Project Tiger, Ambasamudaram 627 401.

.. Respondents Prayer in W.A.No. 1435 of 2017: Appeal filed under Clause 15 against order dated 01.09.2017 made in W.P.No.41358 of 2005. W.P.(MD) No. 8259 of 2018 1/6

The Bombay Burmah Trading Corporation Limited, Rep. by its Deputy General Manager - Legal Singampatti, Tirunelveli District.

.. Petitioner vs 1.The Chief Conservator of Forest, Chennai - 600 025.

2.The Deputy Director / Wildlife Warden, Project Tiger, Ambasamudram - 627 401.

.. Respondents Prayer in W.P.(MD) No. 8259 of 2018 : Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records of the respondent pertaining to Order bearing C.No.D/3228/2002 dated 13.02.2018 as well as consequential communication bearing C.No.D/3228/2002 dated 21.02.2018 and quash the same.

W.P.(MD) No. 1311 of 2019 The Bombay Burmah Trading Corporation Limited, Rep. by its Manager - Legal Singampatti, Tirunelveli District.

.. Petitioner vs 1.The Chief Conservator of Forest, Chennai - 600 025.

2.The Deputy Director, Project Tiger, Ambasamudram - 627 401.

.. Respondents Prayer in W.P.(MD) No. 1311 of 2019 : Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari calling for 2/6

the records of the 2nd respondent pertaining to Order bearing C.No.D/3228/2002 dated 04.01.2009 and quash the same. Appeal / Petition Numbers For Appellants / Petitioners For Respondents / Respondents W.A.No. 1435 of W.P.(MD) Nos.

8259 of 2018 & Mr.Srinath Sridevan, Senior Counsel for Mr.

PMN.

Bhagavath Krishnan Mr.P.S.Raman, Advocate-General assisted by Dr.T.Seenivasan, Special Government Pleader COMMON ORDER (Delivered by Dr. ANITA SUMANTH.,J) We have heard the detailed submissions of Mr.Srinath Sridevan, learned Senior Counsel, for Mr.PMN. Bhagavath Krishnan, learned counsel, appears for the appellant / writ petitioner and Mr.P.S.Raman, learned Advocate-General, who appears for Dr.T.Seenivasan, learned Special Government Pleader, for the State.

2.

By consent, the demands of lease rent impugned in the two writ petitions viz., W.P.(MD) Nos. 8259 of 2018 and 1311 of 2019 are set aside and the matters stand remanded to the file of the Deputy Director, Project Tiger, Ambasamudaram 627 401 / R2 for re-quantification. Needless to say, the parties shall be heard in full, by issuance of notice, prior to any orders being passed.

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3.

As far as W.A.No. 1435 of 2017 is concerned, the prayer in W.P.No. 41358 of 2005 to which this writ appeal pertains, was for the issuance of writ of certiorari challenging order dated 13.10.2005 passed by the Deputy Director, Project Tiger, Ambasamudram. 4.

In that order, the respondents had sought to enhance the lease rents and revise the same. The stand of the writ petitioner / appellant before us, is to the effect that there could be no enhancement of rent for the reason that the terms stood crystallized by virtue of the agreements entered into inter se.

5.

While disposing the writ petition on 01.09.2017, the writ court, has, at paragraph 60 (ix), granted liberty to the respondents to issue notice indicating the revised rent payable and has said that, as and when such notice was issued, the petitioner shall give a suitable reply. 6.

In view of the demands impugned in W.P.(MD) Nos. 8259 of 2018 and 1311 of 2019 having been set aside, the liberty granted to the petitioner and respondents as above, is reiterated. While issuing notice for re-quantification of rent, the respondents may put the writ petitioner / appellant to notice of revision / escalation of rent and the writ petitioner / appellant is at liberty to contest the same both on merits as well as on assumption of jurisdiction, as well as on any other ground available in 4/6

law. Hence on this aspect of assumption of jurisdiction to revise the rent, it is left open for decision by the authorities. 7.

Notice be issued within a period of three weeks from today i.e., on or before 08.09.2025, and proceedings be concluded by the authority after hearing the Appellant / writ petitioner, prior to 15.10.2025. 8.

The writ appeals / writ petitions stand disposed in terms of this order. No costs. Connected miscellaneous petitions are closed. [A.S.M., J] [N.S., J] 18.08.2025 Index:Yes/No ssm To 1.The Principal Chief Conservator of Forest, Panagal Buildings, Chennai - 600 015.

2.The Deputy Director/ Wildlife Warden, Project Tiger, Ambasamudaram 627 401.

3.The Chief Conservator of Forest, Chennai - 600 025.

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DR. ANITA SUMANTH, J.

and N.SENTHILKUMAR, J.

ssm W.A.No.1435 of 2017 and W.P.(MD) Nos. 8259 of 2018 & 1311 of 2019 18.08.2025 6/6