COMMISSIONER Vs. BESANT NAGAR CLUB

JUDGEMENT

(1.) The present Writ Appeal is filed against the order dtd. 26/8/2010 passed by this Court in W.P.No.11885 of 2010, whereunder the learned Single Judge was pleased to allow the Writ Petition quashing the proceedings of the appellant seeking eviction of the 1st respondent under the provisions of the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975 (hereinafter referred to as "TNPP Act, 1975").

(2.) The undisputed case is that an extent of 4 grounds 2230 sq.ft. in Block No.41, S.No.1 (part) in Oorur Village, 3rd Avenue, Besant Nagar, Chennai - 90 belongs to the appellant. The 1st respondent had taken possession of the premises in the year 1978 for the purpose of running a playground. The lease had expired on 21/7/1981. No records have been produced either side to show that the lease has been extended subsequently. In the year 1994, the appellant sought to take possession of the premises and the Writ Petition came to be filed in W.P.No.3536 of 1994. In the said Writ Petition, the relief sought for was for a Writ of Mandamus to forbear the Corporation from interfering with the peaceful possession and enjoyment of aforesaid property. On a statement made by the learned counsel for the Corporation in those proceedings that the lease had been extended, the Writ Petition came to be allowed. On 23/9/2009, the appellant issued a show cause notice to the 1st respondent under the provisions of the TNPP Act, 1975. A reply was sent by the 1st respondent on 29/9/2009. Final orders were passed on 19/3/2010 holding that the 1st respondent is in unauthorised occupation and it was directed to hand over possession of the premises within ten days from the date of receipt of a copy of that order. In default of handing over possession, it was ordered that further proceedings would be taken under the TNPP Act, 1975.

(3.) Challenging this order, a Writ Petition was filed by the 1st respondent in W.P.No.11885 of 2010.