IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.Jagadeesan and E.Padmanabhan, JJ.
V.T.Ranganayaki Ammal
Versus
The State of Tamil Nadu and another
W.A.No.462 of 1992
Decided On : 09 July 2001
2. The short facts leading to the filing of the writ petition are:
The appellant’s predecessor in title leased out the land in favour of one P.C. Subbaraja under a registered lease deed dated 13.5.1946. The lease period was 30 years. As per the conditions of the lease deed, the lessee is entitled to construct a cinema theatre and other buildings and enjoy the same till the expiry of the lease i.e., 1.10.1976 and after that date, had to deliver the possession of the site together with the building to the lessor without claiming any compensation. Pursuant to the said lease deed, the lessee Subbaraja constructed the theatre ‘Bharathan Talkies’ and also obtained C-Form Licence in his name. On 7.5.1953 the said lessee executed a release deed of the lease in favour of the Bharathan Theatres Limited, without any notice or consent of the landowners. Before expiry of the lease period, the landowners issued notice dated 25.8.1976, calling upon the lessee Subbaraja as well as M/s. Bharathan Theatres Limited, to vacate and hand over possession on 1.10.1976. The landowners received a reply where under M/s. Bharathan Theatres Limited, the second respondent herein claimed statutory right to continue in possession.
3. After sending the reply, the second respondent herein filed the suit O.S. No.162 of 1976 on the file of the Sub Court, Tirunelveli for bare injunction restraining the landowners from interfering with their peaceful possession. The said suit was decreed. The appeal A.S. No.171 of 1978 filed by the landowners was dismissed on 30.8.1979. Aggrieved by the same, the landowners preferred second appeal S.A. No.363 of 1980 before this Court which was also admittedly dismissed as early as 26.6.1986. During the pendency of the civil proceeding, the original lessee Subbaraja died.
4. On 7.4.1978 P.C. Balakrishna Raja, claiming to be one of the Directors of the second respondent theatre applied to the Collector, Tirunelveli for transfer of C-Form licence to his name. The said application was returned. Thereafter the said Balakrishna Raja filed a fresh application on 2.7.1979. Objections were called for by the second respondent by publication. The landowners also submitted their objections. On 21.11.1980 the Collector, Tirunelveli granted C-Form licence in favour of the said Balakrishna Raja. The appellant challenged the same by way of appeal to the Commissioner of Land Administration. By proceedings dated 8.9.1981 the Commissioner of Land Administration allowed the appeal and directed the second respondent theatre to obtain orders of the Civil Court within six weeks of the communication of the order. Against the order of the Commissioner of Land Administration, the second respondent theatre filed a revision before the first respondent. The first respondent, in their proceedings G.O.Ms. No.424, dated 22.2.1982 dismissed the revision, however, directed the issue of E-Form permit to the second respondent theatre till the pendency of the civil proceeding. As against the same, the appellant filed W.P. No.4486 of 1982 before this Court. This Court allowed the writ petition, by setting aside the order of the Government and remanded the revision petition filed by the second respondent theatre to the Government for fresh disposal. Pending the revision, the Government directed the grant of E-form permit by telex message on 30.9.1992. This was challenged by the appellant in W.P. No.8839 of 1982. While disposing of the writ petition W.P. No.8839 of 1982 by order dated 15.2.1983 this Court directed the Government to decide whether the revision pending before them relates to the transfer of the C-Form licence in favour of the second respondent theatre or whether it relates to renewal of C-Form licence, by giving liberty to the parties to agitate the matter before the Government. In G.O.Ms. No.671, Home Department, date
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.