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2011 Supreme(Mad) 3936

R.BANUMATHI, B.RAJENDRAN
Rajendra Gupta – Appellant
Versus
Corporation of Chennai, rep. by its Commissioner – Respondent


Advocates appeared:
For the Appellants:T.R. Rajagopalan, Senior Counsel for Satish Parasaran, S.R. Rajagopal, R. Thiagarajan, Senior Counsel for V. Ramajagadeesan, Advocates.
For the Respondent:N.R. Chandran, Senior Counsel for G.T. Subramaniam, Advocate.

Judgment :-

R. BANUMATHI,J

1. Whether the person who is personally benefited by commercially exploiting public property can maintain applications in the Scheme suit and whether the sub-lessee who continues in possession even after the expiry of the period of original lease can seek to protect his possession are the points falling for consideration in these appeals.

2. Prime property in Poonamallee High Road to an extent of 57 grounds was leased to the Trustees of Victoria Public Hall [V.P. Hall] Trust for construction of Town Hall which is to be used for public purposes or private purposes of cultural and educational activities. Prime property worth several crores so leased for a noble cause was diverted to personal benefit of making the profit. It is the typical case that exploitation of the public property by putting up multi-storied buildings with palatial facade for running hotel business for personal aggrandisement. Appellants whose claim of sublease expired even on 30.04.1985 seeks to protect their possession even after the surrender of leasehold rights by the original lessee - V.P. Hall Trust. It is the typical case where public property has been siphoned off under the cover o
































































































































































































































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