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Asif Ali (Deceased), v. The Commissioner

Madras HC10 Jun 2026WP/14166/2018

Case brief

AI extract

What is this about?

Chennai writ petition on Land and Estates Corporation land held under lease since 1905; impugned notice sought vacant possession and Rs.4,71,522/- damage fees; petitioner paid excess amounts and undertook to vacate; dispossession deadline fixed at 30.04.2027 with Rs.20,000/- monthly rent from July 2026; respondents permitted to evict and recover arrears per law; writ disposed, no costs; connected MP closed.

What did the court decide?

Writ petition disposed of with directions: petitioner to vacate and hand over the premises on or before 30.04.2027 (else respondents may evict in the manner known to law); monthly rent of Rs.20,000/- payable by the 7th of each month from July 2026; respondents free to recover any previous occupation dues in accordance with law; no costs imposed. ¶35

Asif Ali (Deceased), Vs The Commissioner — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the notice dated 25.05.2018 issued by the second respondent, directing the petitioner to hand over vacant possession and demanding Rs.4,71,522/- as damage fees for use and occupation, should be quashed by way of a writ of certiorari.

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Court's answer

The petitioner is directed to vacate and hand over the subject premises to the respondents on or before 30.04.2027, failing which the respondents are at liberty to evict the petitioner in the manner known to law.

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Ratio / Principle

Until vacating, the petitioner shall pay a monthly rent of Rs.20,000/- to the respondents every month on or before the 7th of every month, commencing from July 2026.

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Key takeaways

If any previous amounts are due and payable by the petitioner towards occupation of the premises, the respondents are at liberty to proceed against the petitioner for recovery of the same in accordance with law.ratio¶31

Detailed headnote1 paragraphs

Madras High Court (Single Judge, Art. 226) disposes of WP No. 14166 of 2018, which challenged the notice (No.LE4/5143/2000 dt. 25.05.2018) of the District Revenue Officer, Land and Estates Corporation of Chennai, demanding Rs.4,71,522/- as damage fees and vacant possession of departmental land occupied by the petitioner's family as lessee since 1905. As the petitioner had during pendency paid more than the damages claimed and filed an undertaking affidavit (dt. 03.06.2026) to vacate, the Court directed handing over of possession on or before 30.04.2027, failing which the respondents may evict in the manner known to law; interim monthly rent of Rs.20,000/- is payable by the 7th of each month from July 2026, and the respondents remain free to recover any prior dues in accordance with law. Disposed of with no costs; connected miscellaneous petition closed.

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WP No. 14166 of 2018

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 10-06-2026

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CORAM

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THE HON'BLE MR JUSTICE M.DHANDAPANI

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WP No. 14166 and WMP NO. 16734 of 2018

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Asif Ali (Died), S/o.Shagul Hameed, No.6, Waltax Road/ VOC Salai, Chennai-600079.

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S.Ashraf Ali, S/o. Shagul Hameed, No.6, Waltax Road/ VOC Salai, Chennai - 600079.

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S.Afroz Ali, S/o. Shagul Hameed, No.6, Waltax Road/ VOC Salai, Chennai - 600079.

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A.Muhammed Taufeq, S/o. Late Asif Ali, No.6, Waltax Road/ VOC Salai, Chennai – 600079.

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(P2 to P4 are substituted as LRs OF deceased sole petitioner vide order dated 01.06.2026 made in WMP.8599/2026 IN WP.14166/2018)

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..Petitioner(s)

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The Commissioner Land and estates corporation of Chennai Ripon Building Chennai-3.

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The District Revenue Officer Land and estates corporation of Chennai Ripon Building Chennai-3

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..Respondent(s)

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__________ Page1 of 6

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https://www.mhc.tn.gov.in/judis

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WP No. 14166 of 2018

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Writ Petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Certiorari calling for the records pertaining to notice directing the petitioner to hand over the vacant possession under No.LE4/ 5143/ 2000 DT 25/05/2018 on the file of the second respondent and quash the same.

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For Petitioner(s): Mr.P.Sidharthan For Respondent(s): Mr.G.T.Subramaniam Standing Counsel

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Order

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This Writ Petition has been filed challenging the notice issued by the 2^nd respondent dated 25.05.2018 directing the petitioner to hand over the vacant possession and to quash the same.

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The case of the petitioner is that initially the petitioner’s grand father was in occupation of the land belonging to the Land and Estate Department from the year 1905, as a lessee, by constructing the super structure and after his demise the petitioner’s father took possession of the same and after the demise of the petitioner’s father the petitioner is in continuous possession and enjoyment of the same, by paying tax assessed by the respondents. Since, 1905, the petitioner and the ancestor of the petitioner are in possession of the property under a lease. While so, the 2^nd respondent vide the impugned notice directed the petitioner to pay a sum of Rs.4,71,522/- as damage fees for use and

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Page2 of 6

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https://www.mhc.tn.gov.in/judis

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WP No. 14166 of 2018

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occupation. Being aggrieved the petitioner has filed this Writ Petition.

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3.When the matter is taken up for hearing, the learned counsel appearing

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for the petitioner submits that during the pendency of this writ petition, the petitioner has paid an amount, which is more than the damages claimed in the impugned order. Further, he is ready to vacate and handover the subject premises to the respondents on or before 30.04.2027. He has also filed an undertaking affidavit dated 03.06.2026 to that effect. Further, he would submit that he is ready to pay the monthly rent as fixed by this Court.

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In view of the submission made by the learned counsel for the petitioner, the petitioner is directed to vacate and handover the subject premises to the respondents on or before 30.04.2027, failing which the respondents are at liberty to evict the petitioner, in the manner known to law. Till such time, the petitioner shall pay a monthly rent of Rs.20,000/- to the respondents every month on or before 07^th of every month, commencing from July 2026. Further, it is made clear that if any previous amounts are due and payable by the petitioner towards the occupation of the premises, the respondents are at liberty to proceed against the petitioner for recovery of the same from the petitioner in accordance with law.

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__________ Page3 of 6

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https://www.mhc.tn.gov.in/judis

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WP No. 14166 of 2018

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