C.R.P.No.3481 of 2016

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 20.02.2023

Date of Order : 27.02.2023

CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

C.R.P.No.3481 of 2016

and

C.M.P.No.17738 of 2016

Hotel Airways Drive-in

represented by its Managing Partner,

K.R.Indrajit,

No.7, Officers Line,

G.S.T.Road, Pallavaram Cantonment,

Chennai.

... Petitioner

Versus

1. The Defence Estate Officer,

Madras Circle,

No.306, Anna Salai,

Teynampet, Chennai – 600018.

2. D.T.S.Gabriel,

S/o. Late P.G.Dowie

No.16, New Colony,

Jaganathapuram,

Chetpet,

Chennai – 600031.

.. Respondents

Civil Revision Petition filed under Article 227 of the Constitution of

India, praying to allow this Civil Revision Petition and set aside the order

dated 20.09.2016 passed in P.P.C.M.A. No. 14 of 2009 on the file of the

Principal District Judge of Kancheepuram District at Chengalpattu.

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C.R.P.No.3481 of 2016

For Petitioner

:

Mr. R. Asokan

For Respondents

:

Mr. M. Karthikeyan (for R1)

Mrs. Lita Srinivasan (for R2)

O R D E R

This Civil Revision Petition has been filed against the order dated

20.09.2016 in P.P.C.M.A. No. 14 of 2009 on the file of the Principal District

Judge of Kancheepuram District at Chengalpattu, thereby dismissing the

appeal.

2.

The first respondent, by order dated 11.08.2009, directed

demolition of the alleged unauthorised construction in the premises bearing

No.7, Officers Line, G.S.T.Road, Pallavaram Cantonment, Chennai – 600043.

Aggrieved by the same, the petitioner filed an appeal in P.P.C.M.A. No. 14 of

2009 and the same was dismissed. Aggrieved over the order passed by the

appeal, the present Civil Revision Petition is filed.

3.

The learned counsel for the petitioner submitted that the vacant

land ad-measuring an extent of 22,300 sq.ft comprised in R.S.No.41(1)

situated at St.Thomas Mount-cum-Pallavaram Cantonment belongs to the first

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C.R.P.No.3481 of 2016

respondent herein and it was leased out to one O. Kandasamy Chetty by lease

agreement dated 15.01.1929. The lease period was 90 years and it is renewable

at the option of lessee upto 90 years commencing from 01.04.1929. The lessee

is also entitled to put up construction in the demised land, subject to transfer of

the leasehold right. One Srivasa Iyengar, who purchased the leasehold right

from the original lessee constructed a building in the demised land after

obtaining necessary approval for construction from the Cantonment Executive

Officer, Pallavaram Cantonment. The legal heirs of the said Srinivasa Iyengar

sold the leasehold right with the superstructure to one T.R.Sundaram.

Thereafter, it was purchased by P.G. Dowie and his wife Margret Dowie in the

year 1963. In the meanwhile, the lease was renewed for further period of 30

years and they had put up additional construction in the building after

obtaining approval in the year 1965. Thereafter, they have also applied for

renewal of the lease for another 30 years and the application is pending.

Further, they had leased out the premises to the petitioner herein under the

lease deed dated 26.09.1991 for running a restaurant. On the date of

agreement, the petitioner is running the restaurant under the name and style of

Hotel Airways Drive-in. While that being so, the first respondent passed an

order dated 17.12.1992, directing the lessee to remove the unauthorised

construction. Aggrieved over the said order, the lessee preferred an appeal in

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C.R.P.No.3481 of 2016

P.P.C.M.A No.94 of 1992 before the District District Court, Chengalpattu and

the same was dismissed. Aggrieved by the same, the said lessee has been filed

a Writ Petition in W.P.No.17644 of 1994 before this Court and the same was

dismissed. The lessee a