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[Cites 1, Cited by 4]

Madras High Court

Sri Arunachala Mudaliar Charities vs Subburaya Mudaliar High School on 9 July, 2020

Author: R.Subramanian

Bench: R.Subramanian

                                                                                S.A.No.352 of 2014

                               IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 09.07.2020

                                                        CORAM:

                             THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                                    S.A.No.352 of 2014

                      Sri Arunachala Mudaliar Charities,
                      Kanchipuram
                      Rep. by its Hereditary Managing Trustee
                      Mr.V.Kuppusamy                                           .. Appellant

                                                           Vs.


                      1. Subburaya Mudaliar High School,
                         Kanchipuram Rep. By the Caretaker,
                         The District Educational Officer,
                         Kanchipuram.

                      2. The State of Tamil Nadu,
                         Rep. By its,
                         District Collector,
                         Kanchipuram.                                          ... Respondents

                      Prayer: The Second Appeal is filed under Section 100 of the Code of Civil
                      Procedure, praying to set aside the Judgement and decree dated 09.11.2012
                      made in A.S.No.79 of 2007 on the file of the Subordinate Judge,
                      Kanchipuram, confirming the Judgment and Decree dated 19.09.2007 made
                      in O.S.No.955 of 2004, on the file of the Principal District Munsif, and


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                                                                                    S.A.No.352 of 2014

                      allow the said suit in O.S.No.955 of 2004, on the file of the Principal
                      District Munsif.


                                           For Appellant        : Mr.Palani Elyarajkumar for
                                                                  M/s.Ramalingam and Associates

                                           For Respondents      : Mr.N.Manikandan,
                                                                  Government Advocate

                                                        ORD ER

                                The matter was adjourned at the request of the learned Additional

                      Advocate General in order to workout an amicable settlement regarding the

                      rent payable for the suit property to the appellant trust.

                                2. Though the learned Additional Advocate General represented to

                      this Court that the Government will offer a reasonable rent for the property

                      of the trust which is now been used by the Government, it appears that a

                      similar sentiment was not expressed by the Personal Assistant (General) to

                      the District Collector at the meeting called for during March 2020.

                                3. Under these circumstances, I direct the District Collector,

                      Kancheepuram to file an affidavit expressing the Government's intention to

                      pay reasonable rent for the land that is in occupation of the Government by

                      20.07.2020.

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                                                         S.A.No.352 of 2014




                                4. Post on 20.07.2020.

                                                             09.07.2020

                      vum
                      Note: Time bound order

                      To
                      1. The District Collector,
                         Kancheepuram.




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                                   S.A.No.352 of 2014



                            R.SUBRAMANIAN, J.

vum S.A.No.352 of 2014 09.07.2020 4/4 http://www.judis.nic.in