LOYAL EDUCATIONAL AND CHARITABLE FOUNDATION Vs. CHAIRMAN

JUDGEMENT

(1.) This writ petition has been filed challenging the impugned eviction notice dated 09.09.2015 issued by the second respondent and also for a direction to permit the petitioner to carry on with the administration of the IDPL School situated at IDPL Colony, Nandambakkam, Chennai - 600 089.

(2.) It is the case of the petitioner that the first respondent has leased the entire Indian Drugs and Pharmaceuticals Limited School building situated in IDPL Colony, Nandambakkam, Chennai - 600 089 to the petitioner on 02.06.1997. According to the petitioner, the aforesaid property was given on lease to the petitioner and they have been paying the lease rental regularly till the month of March, 2015. It is their case that due to the age of the building, there were some damages in the School building, which required repairs and replacements. It is their case that despite several reminders, the respondents failed to carry out the repairs and make replacements as sought for by the petitioner. According to the petitioner, all of a sudden on 09.09.2015, the first respondent issued an eviction notice to the petitioner on the ground that the petitioner has renamed the School as IDPL Global High School Cambridge, IGCSE SYLLABUS" without obtaining the permission of the first respondent. It is the case of the petitioner that due to the change of educational policy by the Government of Tamil Nadu during the year 2010-2011, the Matriculation Syllabus and the State Syllabus have been merged and only due to the said reason, the name of the School was changed to IDPL Global High School Cambridge, IGCSE SYLLABUS". It is their case that they had sent a letter dated 07.05.2015 and sought permission of the respondents to change the name of the School. According to them, the admissions for the academic year 2015 - 2016 were made only in the name of IDPL Global High School. According to the petitioner, without ascertaining the above facts, the respondents have issued the impugned eviction notice on 09.09.2015. They have challenged the impugned eviction notice on the ground that

(3.) A counter affidavit has been filed by the respondents stating that the petitioner is a wilful defaulter in the payment of lease rentals right from the inception of the lease. According to them, the petitioner has not paid the lease rentals from 01.06.2015 onwards and as on 31.10.2019, a sum of Rs.39,01,496/- is due and payable by the petitioner to the respondents towards arrears of rent as well as for other charges. It is also their case that without permission, the petitioner has carried out repairs and other maintenance works violating the terms and conditions of the lease agreement. It is also their case that the building was leased out to the petitioner by the respondents only to run the School under the name and style of IDPL School. No change of name was ever permitted. It is the case of the respondents that without permission, the petitioner has changed the name of the School to IDPL Global High School Cambridge, IGCSE SYLLABUS". According to the respondents, since the petitioner has violated the terms and conditions of the lease and have also not paid the lease rentals in accordance with the lease agreement, the impugned eviction notice was issued.