2016 Supreme(Mad) 3927
IN THE HIGH COURT OF MADRAS
R. Suresh Kumar, J.
T.K. Asraf - Petitioner
Versus
Commissioner Corporation of Chennai, Ripon Building, Chennai-3 & Anr. - Respondents
W.P. No. 18035 of 2010
Decided On : 01-12-2016
Case Referred :
S. Krishnaswamy v. State of Tamil Nadu represented by Secretary to Government, Home Department, Chennai, 2016 (4) LW 902
Advocate Appeared:
For the Petitioner: Mr. V. Raghavachari
For the Respondents: Mr. K. Soundara Rajan
Headnote:
Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act 1975 - Illegal act of demolishing structure – Eviction - Claiming compensation – Prayer to issue direction to respondents to compensation for loss occurred on account of illegal act of demolishing structure at Door and further restore possession to petitioner - Land belongs to respondent corporation and same had been given in lease to father of petitioner in year 1981 wherein, a structure was put up and petitioners father was carrying on business in name and style of Classic sweet and tea stall - License also had been obtained from respondent corporation - After death of petitioners father, his mother was carrying on with business - Respondent was approached by the petitioner on various occasions and sought for transfer of license in name of his mother - Held, Who got injury while he was travelling in the bus where pelting of stones took place during bandh or hartal day - In result, he lost eye and therefore, in that context learned Judge in said decision after taking into account, the various decision of this Court as well as Honble Apex Court - State to maintain law and order and it is also under obligation to protect life and property of the citizens and when life and property is taken away under guise of Hartal/Bandh by any individual/organization, State is under mandate to compensate victim by granting adequate and reasonable compensation - A presumption arise on leader of the State to protect life and property of the citizens as an when it is taken away - No doubt maintaining of law and order is duty of State and when there is any failure in maintaining law and order situation, resultantly, if any lawful citizen suffered at hands of hooligans because of failure and deterioration of law and order, certainly, citizen would be entitled for compensation from State and only in that view of matter - Eviction process including demolition of superstructure had taken place strictly in accordance with law as has been discussed and held by this Court - Writ petition dismissed.
R. Suresh Kumar, J.
The prayer in the writ petition is for a mandamus directing the respondents to pay a sum of Rs.25 lakhs towards compensation for the loss occurred on account of the illegal act of demolishing the structure at Door No.823/A, Anna Salai, Chennai-2 and further, restore the possession to the petitioner.
2.1. The case of the petitioner is that the land at Door No. 823/A, Anna Salai, Chennai-2 belongs to the respondent corporation and the same had been given in lease to the father of the petitioner in the year 1981 wherein, a structure was put up and the petitioner's father was carrying on business in the name and style of 'Classic sweet and tea stall'. License also had been obtained from the respondent corporation. After the death of the petitioner's father, his mother was carrying on with the business. The respondent was approached by the petitioner on various occasions and sought for transfer of license in the name of his mother. But the respondents were reluctant in considering the said request. Pending the request of transfer of license, since the respondent corporation exceeded their powers and sealed the premises, the petitioner's mother had approached this court by way of W.P.No.16158 of 2008.
2.2. This Court by order dated 08.07.2008 disposed the said writ petition and permitted the petitioner's mother to file an undertaking affidavit that she would not carry on any business till the license is renewed in her name or fresh license is issued in her name. The respondents were directed to remove the lock and permitted the petitioner to take possession of the property.
2.3. The further case of the petitioner is that even though orders were passed by this Court on 08.07.2008, the respondents had not acted upon. Therefore, the shop was kept closed from July 2008. While so, on 29.01.2010, the erstwhile petitioner i.e., the mother of the present petitioner died and the petitioner went to his native town at Kerala. Taking advantage of the situation, the respondent corporation officials on 31.7.2010, demolished the shop premises and the same was made known to the petitioner only through his neighbours. After demolishing the same, the respondent corporation displayed a placard stating that the property belongs to Madras Corporation. As against the said alleged action on the part of the respondent corporation, the petitioner claimed that he had given telegram and lodged complaint to the police for taking action against the corporation people for their high-handed act, which all had not yielded any desired result. Hence, the petitioner has approached this Court by way of the present writ petition with the aforesaid prayer seeking for a compensation of Rs.25 lakhs from the respondent and also for restoration of the possession of the petitioner.
3.1. The respondents have filed counter affidavit stating that the land in premises No.823/A Anna Salai, Chennai belongs to Greater Chennai Corporation and this land was leased out on monthly rental basis to one Mr. V.K.K. Abdullah for running the tea stall and sweet and meat stall. The said lessee Abdullah died on 24.9.1996 and thereafter, his wife Tmt. Nafiza and the petitioner herein had run the tea and sweet stall by renewing the license by hiding the fact of the death of the original licensee, namely, V.K.K. Abdullah upto the year 2008 as if Abdullah was alive and continuing the license in the name of the said Abdullah. This fact was found out by the respondent corporation during inspection and noted that the shop was run by the petitioner without a valid license. Therefore, it was sealed on 07.06.2008. As against the action of sealing the shop, the petitioner's mother filed the said writ petition in W.P.No.16158 of 2008 and this Court passed order on 08.7.2008 and directed the respondent to consider the representation of the petitioner's mother dated 06.06.2008 within a period of six weeks. As directed by this Court, the petitioner's mother, who was the petitioner in th