V. M. VELUMANI, V. LAKSHMINARAYANAN
Commissioner Corporation of Chennai – Appellant
Versus
Besant Nagar Club – Respondent
JUDGMENT :
V.LAKSHMINARAYANAN, J.
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 26.08.2010 made in W.P.No.11885 of 2010 on the file of this Court.
The present Writ Appeal is filed against the order dated 26.08.2010 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 21.07.1981. 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 r
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