Madras High Court
M.Jayakumar .. Petitione vs The Government Of Tamil Nadu on 16 June, 2023
W.P.No.17800 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.06.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.17800 of 2023
M.Jayakumar .. Petitione
Vs
1.The Government of Tamil Nadu,
rep. by its Secretary,
Revenue Department,
Fort St. George, Chennai-600 009.
2.The Special Commissioner/
Commissioner of Land Administration,
Ezhilagam, Chepauk, Chennai-600 005.
3.The Special Commissioner/
Chief Revenue Administration,
Ezhilagam, Chepauk, Chennai-600 005.
4.The District Collector,
Singaravelan Maligai,
Rajaji Salai, Chennai-600 001.
5.The Tashildar,
Guindy Taluk,
No.370, Richardson Park,
Saidapet, Chennai-600 015.
__________
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.P.No.17800 of 2023
6.The Tahsildhar,
Velachery Taluk,
No.113, V.V.Koil Street,
Tharamani, Chennai – 600 015.
7.The Madras Race Club,
rep. by its Secretary,
Guindy,
Chennai-600 032. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India
seeking issuance of a writ of mandamus directing the respondents 1 to
6 to cancel the registered lease deed dated 1.4.1946 in respect of land
admeasurng to an extent of 160.86 acres for a period of 99 years with
an yearly rent of Rs.614.13 vide Doc.No.1439 of 1946 for default of
payment of arrears of lease rent and restore the land as Government
land, consequently direct the respondents to recover the arrears of
rent to the tune of Rs.730,86,81,297/-(Rupees Seven Hundred and
Thirty Crores Eighty Six Lakhs Eighty One Thousand Two Hundred and
Ninety Seven only) and a sum of Rs.12,381,35,24,269/- (Rupees
Twelve Thousand Three Hundred Eighty One Crores Thirty Five Lakhs
Twenty Four Thousand Two Hundred and Sixty Nine only) from the 7 th
respondent in a transparent manner by considering the representation
of the petitioner dated 31.03.2023.
For the Petitioner : Mr.K.Balu
For the Respondents : Mr.R.Shunmugasundaram
Advocate-General
assisted by
Mr.K.M.D.Muhilan
Addl. Government Pleader
and Ms.A.G.Shakeena
for respondents 1 to 6
__________
Page 2 of 6
https://www.mhc.tn.gov.in/judis
W.P.No.17800 of 2023
ORDER
(Order of the court was made by the Hon'ble Chief Justice)
We have heard Mr.K.Balu, learned counsel for the petitioner and
Mr.R.Shunmugasundaram, learned Advocate-General for respondents
1 to 6.
2. Learned counsel for the petitioner submits that lease deed
was executed in favour of the seventh respondent in the year 1946 for
99 years. Huge default is committed by the seventh respondent, but
the Government has not taken action against it. The question of public
exchequer is involved. The seventh respondent is indulging in
commercial activity in the said property.
3. Learned Advocate-General submits that after the learned
Single Judge passed the judgment against the seventh respondent, the
seventh respondent had preferred writ appeals bearing W.A.Nos.890,
897 and 898 of 2023 and the same are pending before this Court.
__________
https://www.mhc.tn.gov.in/judis
W.P.No.17800 of 2023
4. We appreciate the anxiety of the petitioner. However, when
the matter is sub judice before this Court, as has been pointed out by
learned Advocate-General, at present, no further direction can be
issued.
5. If a judgment attains finality in favour of the Government and
the Government does not take steps, then a public spirited person may
agitate in accordance with law.
6. With the aforesaid observation, the writ petition stands
disposed of. There will be no order as to costs. Consequently,
W.M.P.No.16913 of 2023 is closed.
(S.V.G., CJ.) (P.D.A., J.)
16.06.2023
Index : Yes/No
Neutral Citation : Yes/No
bbr
__________
https://www.mhc.tn.gov.in/judis
W.P.No.17800 of 2023
To
1.The Secretary,
Government of Tamil Nadu,
Revenue Department,
Fort St. George,
Chennai-600 009.
2.The Special Commissioner/
Commissioner of Land Administration,
Ezhilagam, Chepauk,
Chennai-600 005.
3.The Special Commissioner/
Chief Revenue Administration,
Ezhilagam, Chepauk,
Chennai-600 005.
4.The District Collector,
Singaravelan Maligai,
Rajaji Salai, Chennai-600 001.
5.The Tashildar,
Guindy Taluk,
No.370, Richardson Park,
Saidapet, Chennai-600 015.
6.The Tahsildhar,
Velachery Taluk,
No.113, V.V.Koil Street,
Tharamani, Chennai – 600 015.
__________
https://www.mhc.tn.gov.in/judis
W.P.No.17800 of 2023
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU, J.
bbr
W.P.No.17800 of 2023
16.06.2023
__________
https://www.mhc.tn.gov.in/judis
