Madras High CourtWP(MD)/4864/2021disposed of

Union Club v. The District Collector

2021-04-17Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Tuesday, the Twenty Seventh day of April Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH W.P.(MD) Nos.4864, 8032, 8033 & 8035 of 2021 and W.M.P.(MD) Nos.5519, 6130, 6220, 6221, 6131 and 6132 of 2021 UNION CLUB A SOCIETY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT, HAVING REGISTRATION NO.3/31,32, REP. BY ITS JOINT SECRETARY (SECRETARY IN-CHARGE) HAVING ITS REGISTERED OFFICER AT BHARATHIDASAN SALAI, TIRUCHIRAPALLI. ... PETITIONER IN ALL THE PETITIONS Vs 1 THE DISTRICT COLLECTOR THIRUCHIRAPALLI DISTRICT, TIRUCHIRAPALLI.

2 THE DISTRICT REVENUE OFFICER, TIRUCHIRAPALLI DISTRICT.

HAVING OFFICE AT COLLECTORATE, TIRUCHIRAPALLI.

3 THE TAHSILDAR, TIRUCHIRAPALLI. ... RESPONDENTS IN WP(MD) No.4864 of 2021 1 THE DISTRICT COLLECTOR THIRUCHIRAPALLI DISTRICT, TIRUCHIRAPALLI.

2 THE DISTRICT REVENUE OFFICER, TIRUCHIRAPALLI DISTRICT.

HAVING OFFICE AT COLLECTORATE, TIRUCHIRAPALLI.

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3 THE REVENUE DIVISIONAL OFFICER, THIRUCIRAPALLI.

4 THE TAHSILDAR, TIRUCHIRAPALLI. ... RESPONDENTS IN WP(MD) Nos.8032, 8033 & 8035 of 2021 Prayer in WP(MD) No.4864 of 2021:

To issue a writ of Mandamus directing the 2nd respondent to remove the lock and seal imposed upon the petitioner club in the demised premises of the club in Bharadhidasan Road, Tiruchirapalli based on the alleged inspection in the late evening of 06-02-2021 conducted by the 2nd respondent and pass such further or other orders as this Honourable Court may deem fit and just in the circumstances of the case.

Prayer in WP(MD) No.8032 of 2021:

Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to issue a Writ of Certiorari calling for the records relating to the order passed by the 3rd respondent vide proceedings in Na.Ka.A2/9846/2003 dated 17.02.2021 quash the same as illegal and pass such further or other orders as this Honble High Court may deem fit and necessary in the facts and circumstances of the case. Prayer in WP(MD) No.8033 of 2021:

To issue a Writ of Certiorarified Mandamus calling for the records relating to the order passed by the 1st respondent vide proceedings in Na.Ka.B4/13456/2017 dated 19.02.2021 quash the same as illegal and consequentially direct the 1st respondent to consider the petitioner request for renewal of lease afresh after providing opportunity and pass such further or other orders as this Honble Court may deem fit and just in the circumstances of the case. Prayer in WP(MD) No.8035 of 2021:

To issue a Writ of Certiorari calling for the records relating to the order passed by the respondent vide proceedings in Na.Ka.B4/13456/2017 dated 12.02.2021 quash the same as illegal and pass such further or other orders as this Honble High Court may deem fit and necessary in the facts and circumstances of the case. Prayer in WMP(MD)No.5519/2021 in WP(MD) No.4864 of 2021 : To Stay the proceedings of the 2nd respondent and direct the 2nd respondent to break the seal and open the premises till the disposal of the main Writ Petition.

Prayer in WMP(MD)No.6130/2021 in WP(MD) No.8033 of 2021: To Stay the proceedings of the 4th respondent vide 2/4

proceedings in Na.Ka.A1/1585/1999 dated 09.04.2021 pending disposal of the main Writ Petition.

Prayer in WMP(MD)No.6220/2021 in WP(MD) No.8033 of 2021 : To stay the proceedings of the 1st respondent vide proceedings in Na.Ka.B4/13456/2017 dated 19.02.2021 and purporting to hand over the sports and games area and equipments to the sports authorities and to permit the petitioner club to undertake the day to day spots activities as earlier pending disposal of the main writ petition.

Prayer in WMP(MD)No.6221/2021 in WP(MD) No.8033 of 2021: To direct the 1st respondent to handover office records and documents of the petitioner club to the Office bearers of the club taken away by the 2nd respondent from the club premises pending disposal of the main writ petition.

Prayer in WMP(MD)No.6131/2021 in WP(MD) No.8032 of 2021: To stay the further proceedings of the 3rd respondent in Na.Ka.A2/9846/2003 dated 17.02.2021 pending disposal of the main writ petition.

Prayer in WMP(MD). 6132/ 2021 in WP(MD) No.8035 of 2021: To stay the further proceedings of the 1st respondent vide proceedings in Na.Ka.B4/13456/2017 dated 12.02.2021 pending disposal of the main writ petition.

ORDER :These petitions coming up for orders on this day, upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of Mr.T.MOHAN, Advocate for Mr.R.BASKARAN, Advocate for the petitioner in all the Writ Petitions and of MR.K.CHELLAPANDIAN, Additional Advocate General assisted by M/s.B.BHAGAVATHY, Government Advocate on behalf of the Respondents in all the Writ Petitions, the Court made the following order:- Based on the earlier orders passed by this Court on 17.04.2021, the learned counsel for the petitioner, based on instructions, submitted that the Petitioner Club will be able to pay a sum of Rs.20,00,000/- (Rupees Twenty Lakhs) immediately within the time fixed by this Court. The learned counsel further submitted that even though a meeting was convened, most of the members of the Petitioner Club were not able to attend the meeting due to the pandemic situation and only 15 members attended the meeting. Therefore, the Petitioner Club was not able to get the views of the members and collect any substantial amount.

2. Taking into consideration the facts and circumstances of the case, without prejudice to the right of the parties, there shall be a direction to the Petitioner Club to deposit a sum of Rs.20,00,000/- (Rupees Twenty Lakhs only) before the District Revenue Officer, Tiruchirappalli District on or before 21.06.2021. 3/4

It is made clear that subject to the compliance of this condition, the status quo, as agreed by the learned Additional Advocate General will be maintained. If the amount is not deposited within the time stipulated by this Court, it is left open to the respondents to proceed further in this case. If the amount is deposited by the Petitioner Club, the members of the Petitioner Club shall also be permitted to use the Tennis Court, subject to the conditions imposed by the Government during this pandemic period.

3. Post this case under the caption 'for reporting compliance' on 28.06.2021. In the meantime, the respondents shall file their counter. It is also made clear that the petitioner shall convene a meeting and make arrangements to deposit atleast 25% of the amount demanded by the respondents.

sd/- 27/04/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT COLLECTOR THIRUCHIRAPALLI DISTRICT, TIRUCHIRAPALLI.

2 THE DISTRICT REVENUE OFFICER, TIRUCHIRAPALLI DISTRICT.

HAVING OFFICE AT COLLECTORATE, TIRUCHIRAPALLI.

3 THE REVENUE DIVISIONAL OFFICER, THIRUCIRAPALLI.

4 THE TAHSILDAR, TIRUCHIRAPALLI.

ORDER IN W.P.(MD)Nos.4864, 8032, 8033 & 8035 of 2021 and W.M.P.(MD) Nos.5519, 6130, 6220, 6221, 6131 and 6132 of 2021 Date :27/04/2021 STS PK/PN/SAR-III/08.06.2021 : 4P/5C 4/4