Government-leased vacant lands are public premises under eviction acts; lessees estopped from denying title after lease admissions; summary eviction valid post-termination absent perversity; Article 227 review limited.

COMMON ORDER :

P.B. BALAJI, J.

The revision petitioners, aggrieved by the judgment of the Principal Sessions Judge, City Civil Court, Chennai in the respective C.M.A.Nos.9 of 2025 and 10 of 2025, have come up by way of these revision petitions.

2.I have heard Mr.B.Kumar, learned Senior Counsel for Mr.A.K.Raghavulu, learned Counsel for the revision petitioners in C.R.P.No.5506 of 2025, Mr.R.Parthasarathy, learned Senior Counsel for Mr.A.R.Pradeep, learned Counsel for the revision petitioners in C.R.P. No.6059 of 2025 and Mr.R.Ramanlaal, learned Additional Advocate General, assisted by Mr.T.Arunkumar, learned Additional Government Pleader appearing for the respondents.

3.As these revisions are connected and arises out of similar proceedings pertaining to the very same subject matter, with the consent of all the learned counsel, the revisions have been heard together.

4.Brief facts leading to the present revision petitions are as follows:

4.1.The revision petitioners claim that an extent of 43 grounds and 1868 sq.ft was originally given by way of a Government Grant to Gopal Naicker and sons [revision petitioners in C.R.P.No.6059 of 2025], way back in the year 1884. The said Gopal Naicker and sons had put up an iron casting foundry and have been in lawful occupation of the said property comprised in R.S.Nos.1801, 1802/4 and 1802/14. According to the petitioners, in 1903, sons of Gopal Naicker entered into a registered partition deed, registered as Document No.1213 of 1903. There was a partition suit in C.S.No.135 of 1965, in which proceedings, an extent of 10 ground fell to the share of the said C.L.Madhanagopal, which was also affirmed in a subsequent compromise decree dated 30.10.1990 in C.S.No.947 of 1990. The property tax as well as electricity consumption charges are being paid by the revision petitioners.

4.2.The Government, under G.O.Ms.No.1696, Revenue Department dated 04.06.1959, has confirmed the Grant dated 31.03.1888, being a lease for 43 grounds, for an indefinite period, in favour of Gopal Naicker and sons. The petitioners have been assured of peaceful possession of the said lands without any disturbance, unless it is required for any public purpose or for any other grave reasons. A portion of the lands were acquired for public purpose for establishing a play ground for Subbarayan Nadar Higher Secondary School and it was only the original grantees who were paid compensation in terms of the provisions of the Land Acquisition Act. A request that emanated from the Collector of Madras for capping the tenure of lease in respect of the remaining lands, post acquisition was also negatived by the State Government, affirming that the lease was of a permanent nature.

4.3.In the mean time, the District Collector issued a show cause notice on 15.10.2018, seeking resumption of lands. The said order was challenged before the Commissioner of Land Administration. However, the said challenge was unsuccessful with the appeal being dismissed on 20.10.2020. The petitioners filed W.P.Nos.17027 of 2020 and 66 of 2021, which were dismissed by the Writ Court. However, as against the said dismissal of the Writ Petition, Writ Appeals are pending in W.A.No.2535 of 2023 & 2194 of 2023.

4.4.In the Writ Appeal proc