IN THE HIGH COURT OF MADRAS (MADURAI BENCH)
R. Mahadevan, J.
Kadhariya Oriental Nursery and Primary School and Others – Appellants
Vs.
Tamil Nadu Generation and Distribution Corporation Limited and Others – Respondents
W.P. (MD) Nos. 5126, 6223 of 2015 & M.P. (MD) No. 1 of 2015
Decided On : 31-7-2015
Tamil Nadu City Tenants Protection Act - Section 9 - Evict lessees - Registered lease deed - Registered and notified Wakf under the control and supervision of Tamil Nadu Wakf Board - Wakf owns an extent of six acres of land in are situated in a portion of said land - Out of lands available with a portion of vacant site measuring an extent of equivalent to had been leased out to one through a registered lease deed - Later leasehold interest had been transferred to and on their death their son became tenant of vacant site - Held, Though this Court is in respectful agreement with Supreme Court that if rules are silent Board can stipulate terms and conditions to regulate its transactions and dealings such principles cannot be applied in this case in a mechanical manner as owner of property itself could vacate premises in question through Civil forum - If a tenant wants to harm owner after losing his claim before Civil forum and at end of eviction proceedings, he does harm to owner of property by damaging meter reading could again owner be liable for default committed by tenant - That is reason why Supreme Court cautiously observed in one of its judgments by relying upon a circular of Board that in case of a genuine purchase if old consumer had committed default it would be neither be legal nor proper to insist on realization of arrears due for giving re-connection - Miscellaneous Petitions are closed
1. Both the Writ Petitions can be dealt with by a common order since the issues that arise for consideration is one and the same, namely, whether the owner of the premises is liable to meet the liability of a tenant? The prayer in the Writ Petition in W.P. (MD) No. 5126 of 2015 is for a Writ of Certiorarified Mandamus to call for records from the second respondent relating to the impugned order dated 27.03.2015 in reference Number Ka.No.Vo.Ma.Po./Pa./Su.Puram/Ko./A.No.87/15 and quash the same and consequently direct the second respondent to effect fresh electricity service connection to the property bearing door number 188, South Veli Street, Madurai. Similarly, the prayer in the Writ Petition in W.P. (MD) No. 6223 of 2015 is for a writ of Mandamus directing the 2nd respondent to effect fresh electricity service connections to the shops in door number 187 South Veli Street Madurai.
2. The short facts necessary for the disposal of these Writ Petitions are as follows:-
The Mohideen Andavar Dhargah and Pallivasal and Meena Noorden Dhargah and Pallivasal are the registered and notified Wakf under the control and supervision of the Tamil Nadu Wakf Board. The Wakf owns an extent of six acres of land in T.S. No. 76, at Madurai. The Meena Noordeen Dhargah and Pallivasal are situated in a portion of the said land. Out of the lands available with the Pallivasal, a portion of the vacant site measuring an extent of 12, 180 Sq. ft. equivalent to 27 cents 408 Sq. ft. had been leased out to one, Alagammai Achi through a registered lease deed dated 28.08.1959. Later, the leasehold interest had been transferred to Sockkalinga Thevar and Suppulakshmi Ammal and on their death, their son, K.S. Poomari became the tenant of the vacant site. The lessees of the vacant site had put up a superstructure over the vacant site and had been running a rice mill. The superstructure had been assessed by the Madurai City Municipal Corporation as D. No. 188/South Veli Street, Madurai. The lessees had been paying the superstructure tax. They had also obtained electricity service connection for the superstructure. Similarly, a portion of the vacant site measuring an extent of 35, 294 sq. ft. equivalent to 81 cents 14 Sqit had been leased to one, Deivanai Ammal through a registered lease dated 16.05.1990 by the then Managers (Trustees) of the Dhargah and Pallivasal. The lessee of the vacant site had put up a superstructure over the vacant site and had been running a rice mill. The superstructure had been assessed by the Madurai City Municipal Corporation as door numbers 15A and 16, Meena Noordeen Dhargah and Pallivasal Lane, South Veli Street, Madurai. The lessee had been paying superstructure tax. She had also obtained service connection for the superstructure put up by her.
2.1. The Mohideen Andavar Dhargah and Pallivasal and Meena Noordeen Dhargah and Pallivasal through its Managers (Trustees) initiated legal proceedings to evict the lessees and to recover the vacant site after removal of the superstructure put up by them. The Wakf filed a suit in O.S. No. 386 of 1998, on the file of the First Additional Subordinate Court, Madurai against the lessee, namely, K.S. Poomari and filed another suit in O.S. No. 382 of 1998 on the file of the First Additional Subordinate Court, Madurai against the lessee, namely, Deivanai Ammal. Later, it was transferred and renumbered as W.O.P. No. 2 of 2001 and W.O.P. No. 4 of 2000, respectively, on the file of the Principal Subordinate Court. The matter went upto the Supreme Court, where it was decreed in favour of the petitioners on 27.04.2009. However, the portion leased out to Deivanai Ammal took shelter under Section 9 of the Tamil Nadu City Tenants Protection Act and filed C.T.O.P. No. 43 of 1998, where, she could not succeed. Again, she moved before this Court by way of Civil Revision Petitions, which also came to be dismissed on 25.06.2007.
2.2. When the lessee, namely, Deivanai Ammal was in possession of the superstructur
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