Madras High Court
The Commissioner vs / on 24 January, 2025
Author: R.Subramanian
Bench: R.Subramanian
WA.No.2712 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.01.2025
CORAM:
THE HONOURABLE Mr.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN
WA.No.2712 of 2024
and
CMP.No.19852 of 2024
&
CMP.No.1505 of 2025
in CMP.No.19852 of 2024
1. The Commissioner,
Greater Chennai Corporation,
Ripon Buildings,
Park Town,
Chennai-600 003.
2. The Chief Educational Officer,
Education Department,
Greater Chennai Corporation,
Ripon Buildings, Park Town,
Chennai-600 003.
3. The Zonal Officer,
(Zone 10),
Greater Chennai Corporation,
No.64, NSK Salai,
Kodambakkam, Chennai-600 024.
... Appellants
-Vs-
1/10
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WA.No.2712 of 2024
1. Shri Prasanna Venkatesa Perumal Devasthanam
Represented by its Managing Trustee,
Mr.J.Murali,
Perumal Kovil Street,
(Madhura) Mettupalayam
West Mambalam, Chennai-600 033.
2. The Head Master,
Chennai Middle School,
School Street,
Mettupalayam, Chennai-600 033.
3. The Sub Registrar,
Thiyagaraya Nagar, 27/14
Veterinary Hospital Road,
Fanepet, Nandanam, Chennai.
... Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent
praying to set aside the interim order dated 24.06.2024 passed in
WP.No.24189 of 2021.
For Appellant : Mr.Ramanlaal
Additional Advocate General
assisted by Mrs.P.T.Ramadevi
For Respondents : Mr.K.Sharath Chandran for R1
R2-Served. No Appearance
R3-No Appearance
CMP.No.1505 of 2025
Shri Prasanna Venkatesa Perumal Devasthanam
Represented by its Managing Trustee,
Mr.J.Murali,
Perumal Kovil Street, (Madhura) Mettupalayam
West Mambalam, Chennai-600 033.
..... Petitioner
2/10
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WA.No.2712 of 2024
-Vs.-
1. The Commissioner,
Greater Chennai Corporation,
Ripon Buildings,
Park Town, Chennai-600 003.
2. The Chief Educational Officer,
Education Department,
Greater Chennai Corporation,
Ripon Buildings, Park Town,
Chennai-600 003.
3. The Zonal Officer,
(Zone 10),
Greater Chennai Corporation,
No.64, NSK Salai,
Kodambakkam, Chennai-600 024.
4. The Head Master,
Chennai Middle School,
School Street,
Mettupalayam,
Chennai-600 033.
5. The Sub Registrar,
Thiyagaraya Nagar, 27/14
Veterinary Hospital Road,
Fanepet, Nandanam, Chennai.
.... Respondents
PRAYER: Petition filed under Section 151 of CPC praying to vacate
the order of interim stay dated 12.09.2024 in CMP.No.19852 of 2024 in
WA.No.2712 of 2024.
For Petitioner : Mr.K.Sharath Chandran
For Respondents : Mr.Vadivel Deenadayalan
Additional Government Pleader for R5
*****
3/10
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WA.No.2712 of 2024
JUDGMENT
[Judgement of the Court was made by R.SUBRAMANIAN, J]
Heard Mr.Ramanlaal, learned Additional Advocate General
appearing for the appellant and Mr.K.Sharath Chandran, learned counsel
appearing for the first respondent-Temple.
2. The respondents 2 and 3 though served, are not appearing either
in person nor through the counsel.
3. The first respondent-Temple filed a writ petition seeking a writ
of Mandamus directing the respondents 1 and 3 viz., The Commissioner,
Chennai Corporation and The Zonal Officer, Chennai Corporation to
tender payment of monthly rents for the property belonging to the Temple
situate at Survey No.204/1, Block No.89, Village No.3, Kodambakkam-
Mambalam Taluk, School Street, Mettupalayam, West Mambalam,
Chennai-33. The Writ petition was filed on the premise that the
Corporation had taken on lease a land measuring about 10 grounds in the
City of Chennai from the Temple on 20.07.1937 for the purposes of
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running a school. According to the Temple though rents were paid till
1969, thereafter, the Corporation had stopped paying rents.
4. The Corporation filed a counter resisting the prayer contending
that there is a title dispute and the Temple is not the owner of the
premises in question according to the Revenue records. A sub Division
made subsequently was relied upon by the Corporation to support its
clearly unreasonable stand. The Writ Court saw through the game and
concluded that the Corporation having entered into the possession as a
tenant cannot deny a title of the landlord in view of Section 116 of The
Indian Evidence Act, 1872. It is at this stage, the Corporation budged
and the learned Additional Advocate General, who appeared for the
Corporation made a representation before the Court on 21.02.2023,
which has been recorded by the Court as follows:-
“At this stage, Mr.R.Ramanlal, learned Advocate General
appearing on behalf of the respondents submitted that the
respondents are willing to negotiate the rent with the
petitioner and try to settle the matter before the Mediation
Center.”
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5. The matter was referred to Mediation. Since the Mediation
failed and the matter was listed before the Court again. The learned
Single Judge, who heard the matter after the failure of Mediation,
referred to several previous orders passed by this Court and concluded
that once the Corporation had accepted the lease and had paid the rents, it
cannot go back and deny the title of the landlord. The learned Single
Judge had also pointed out that this Court had after recording the
submissions of the counsel for the Corporation giving up the claim of
denial of title, referred the matter for Mediation and after the Mediation
failed, the Corporation adopted an ingenious method of forming a high
level committee, which would look into claim of title made by the
Temple. This was seen by the Court as an attempt to wriggle out of the
obligation to pay the rents. The formation of the Committee itself was
found to be a method adopted to raise the bogey of Survey numbers/sub
division numbers, to wriggle out the obligation to payment of rents and
to postpone the inevitable. The Writ Court had recorded the events and
had observed as follows:-
“4. It was a long drawn process for this Court to
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make the petitioner agree for an amicable settlement in
this case. After much pursuation, this Court made the
petitioner agree to permit the Corporation to acquire the
property by paying a suitable compensation and
accordingly, the Board of Trustees of the petitioner also
held a meeting on 27.06.2023 and unanimously resolved
that they do not have objection in the lands being
acquired by the Corporation by paying a suitable
compensation. After reaching that stage, it is not
appropriate for the Chennai Corporation to again go
back to square one and start with the issue regarding the
so called discrepancy in Survey Number/ Sub Division. It
is quite apparent that the committee is now being
proposed only to postpone in inevitable (i.e.,) the payment
of compensation to the petitioner.
5. In view of the above, the status report filed by the
2nd respondent to the effect that the Committee is being
formed for going into the issue of resolving the variation
in Survey Number/ Sub-Division, is totally unacceptable
and this Court will not permit the Chennai Corporation to
wriggle out of the obligation which has already been
recorded by this Court in the earlier orders.”
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6. Thereafter, the Writ Court directed the Corporation to acquire
the land and pay the compensation as per the guidelines value and posted
the matter for reporting compliance. The Corporation ingeniously has
challenged the order and has managed to obtain a stay by suppressing the
earlier order that was passed by this Court. In the order dated
21.02.2023, this Court had recorded that the Corporation having been
inducted as a tenant cannot deny the title of the landlord and also
observed that the learned Additional Advocate General, who appeared for
the Corporation had stated that the Corporation is willing to negotiate the
rents with the petitioner and tried to settle the matter before the
Mediation Center. This statement of the learned Additional Advocate
General having been recorded by this Court is binding on the
Corporation. The Corporation cannot go back on it and now claimed that
there is a title dispute. Hence, this Writ Appeal is dismissed with costs of
Rs.5,00,000/- [Rupees Five lakhs only]. The costs to be paid to the
Temple on or before 07.02.2025.
7. Post on 10.02.2025 for compliance.
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8. In view of the dismissal of the Writ Appeal, connected CMPs
are closed.
[R.S.M., J] [C.K., J]
24.01.2025
Index : No
Internet: Yes
Speaking Order
NCC : No
kmi
To
The Sub Registrar,
Thiyagaraya Nagar, 27/14
Veterinary Hospital Road,
Fanepet,
Nandanam, Chennai.
https://www.mhc.tn.gov.in/judis
R.SUBRAMANIAN, J
and
C.KUMARAPPAN, J
kmi
24.01.2025
https://www.mhc.tn.gov.in/judis
