Writ petition filed to remove lock and seal on leased property used as school playground. Court directed removal of lock and seal, notice for rent arrears if any, and eviction of encroachers within twelve weeks.
Directed removal of lock and seal; eviction of encroachers within twelve weeks; lessee to cooperate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.2246 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.06.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.2246 of 2021 and WMP.No.2550 of 2021
Chevalier T.Thomas Educational Trust Rep. By its Managing Trustee, L.Palamalai, I.A.S.,(Retd), No.16, St.Mary's Road, Sembiam, Chennai 600 011 ...Petitioner
Vs.
PRAYER:
Writ Petition is filed under Article 226 of Constitution of India
praying to issue a Writ of Mandamus directing the first respondent to remove the lock and seal made by them on 08.01.2021 in respect of the petitioner's leased property comprised in TS.No.51, Block No.10,
1/6
W.P.No.2246 of 2021
TS.No.30, and 32, Block No.11, Sembium, Perambur, Chennai 600 011.
For Petitioner : Mr.S.Vennimalai
For Respondents For R1 : Mr.V.Chandrasekaran, Senior Panel Counsel
For R2 & 3 : Mr.S.J.Mohammed Sathik, Government Advocate
ORDER
This writ petition has been filed for direction to the first
respondent to remove the lock and seal made on 08.01.2021 in respect of the property comprised in T.S.No.51, Block No.10, T.S.No.30 and 32, Block No.11, Sembium, Perambur, Chennai.
2/6
W.P.No.2246 of 2021
some extent of the said property and requested to remove the same. In this regard, the petitioner also lodged police complaint, but no action has been taken to remove the encroachment. The petitioner repeatedly requested the first respondent to remove the encroachment. While being so, the first respondent with the aid of the second and third respondents inspected the premises and found that there are encroachers. On the allegation that the petitioner allowed the encroachers to encroach some extent of the property, the first respondent with the aid of revenue officials locked and sealed the gate of the said premises on 08.01.2021. The petitioner is using the land as play ground for the petitioner's school. Therefore, the petitioner made request to remove the lock and seal so that the petitioner's students can use the subject property as play ground.
W.P.No.2246 of 2021
grounds have been allowed to be encroached by the petitioner in the name of Dr.Ambedkar Nagar Residence/ hutmen dwellers. However, the petitioner did not take any action to remove the encroachers.
4/6
W.P.No.2246 of 2021
respondents are directed to take immediate steps to remove the encroachments in respect of the property comprised in T.S.No.51, Block No.10, T.S.No.30 and 32, Block No.11, Sembium, Perambur, Chennai within a period of twelve weeks from the date of receipt of copy of this order. The petitioner is directed to cooperate with the second and third respondents while initiating steps to remove encroachments.
Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.
10.06.2024
Neutral citation: Yes/No Index: Yes/No Speaking/Non-speaking order lok
W.P.No.2246 of 2021
G.K.ILANTHIRAIYAN, J.
lok
To
W.P.No.2246 of 2021
10.06.2024
2 issues framed by the court
Whether the first respondent could lock and seal the leased premises without notice for rent arrears.
Whether a direction to remove encroachments is assistable in a writ petition.
1 provisions across 1 enactments
Chevalier T.Thomas Educational Trust
The Custodian of Enemy Property of India
The District Collector of Chennai
The District Revenue Officer, Collectorate, Chennai-1
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
