MRC club case For filing counter affidavit with specific averment as to possession of lease land with details, post the matter on 23.09.2024.19.09.2024nviNote:Issue order copy on 19.09.2024 RMT.TEEKAA RAMAN,J.,nviA.No.4809 of 2024 and C.S.DR.No.124968 of 202419.09.2024

A.No.4809 of 2024 and
C.S.DR.No.124968 of 2024
RMT.TEEKAA RAMAN, J.
This application is filed under Order XIV Rule 8 of Madras High Court Original Side Rules read with Section 80 (2) of the Code of Civil
Procedure, 1908 to dispense with notice to the respondents.

2. The suit has been filed challenging the order of determination of the lease in favour of the plaintiff. Pending suit, they filed the above application.
3. Heard Mr.P.H.Aravind Pandian, learned Senior Counsel for the petitioner/plaintiff and he has stated that an urgency is to be considered, since the last date for handing over possession of the property falls on 24.09.2024 and hence, this petition to dispense with notice under Section 80 (2) of C.P.C., may be ordered.
4. Heard Mr.P.Wilson, learned Senior Counsel appearing for the first defendant – The Principal Secretary to Government, Revenue and Disaster Management Department, Fort St.George, Chennai.
   5(a). According to him, Mr.P.Wilson, learned Senior Counsel stated that there is no urgency and possession has already been taken, based upon the instructions given by the first defendant in the suit. He has made it clear that possession was already taken by the Government on 09.09.2024 itself. (b) However, I find that by an order dated 09.09.2024, made in W.A.Nos.890, 897 & 898 of 2023, the observation made by the Hon’ble
   Division Bench at Paragraph Nos.5 & 6., is as follows:
5. Learned Advocate General appearing on behalf of the respondents, on instructions, submitted that G.O.343 is only for the purpose of communicating the decision to terminate the lease and it need not be read that they have also directed resumption of land by taking possession in the said Government Order.
6. Learned Advocate General also submitted that the Government will pass separate proceedings to terminate the lease and will thereafter, initiate proceedings to take possession of the land in the manner known to law.
   6(a). Hence, Mr.P.Wilson, learned Senior Counsel for Principal
   Secretary / 1st plaintiff / 1st respondent, the statement made by the learned Advocate General as recorded in Paragraph Nos.5&6 as extracted supra in the said judicial order is not correct statement and also stated that since it is a matter of public importance and the Government has taken the possession after terminating the lease in favour of the plaintiff on various grounds.
   (b) An opportunity of being heard is given from 11.00 a.m to
   11.20 a.m, to Mr.P.Wilson, learned Senior Counsel and thereafter, Mr.J.Ravindran, learned Additional Advocate General is heard for two minutes and he seeks time to file counter and also stated that as against the order dated 09.09.2024 with regard to Paragraph Nos.5&6, as extracted supra and they already filed C.M.P.SR.No for modification of the order, however, the same is not listed before the Division Bench.
7. The short point that arises for consideration is whether there is an urgency to dispense with notice under Section 80 (2) of C.P.C to the official defendant or not?
8. Considering the gravity of the issue, I am of the considered view that the counter is to be filed by respondents 1 & 2 explaining the possession since according to the plaintiff, possession has not been taken, but according to the D1&D2, possession is already taken. However Mr.P.H.Aravind Pandian, learned Senior Counsel relied upon the statement of the learned Advocate General made before the Division Bench at Paragraph Nos.5 & 6 as extracted supra, which is now disputed by the learned Senior Counsel appearing for the defendants 1 & 2.
9. Mr.J.Ravindran, learned Additional Advocate General drew my attention to letter of the District Collector, Chennai in
   Rc.Lr.No.J6/4414/1991, dated 09.09.2024 is as follows:
   ….
   Pursuant to the above referred Government Order the entire demised premises had been resumed at 8.00A.M on 09.09.2024.
   In as much as the lease has been terminated with effect from 06.09.2024 you are hereby called upon to surrender full & final possession of the buildings mentioned ……
   and made submission that the possession has already been taken and hence there is no urgency in this application.
10. For filing counter affidavit with specific averment as to possession of lease land with details, post the matter on 23.09.2024.
    19.09.2024
    nvi
    Note:Issue order copy on 19.09.2024 
    RMT.TEEKAA RAMAN,J.,
    nvi
    A.No.4809 of 2024 and C.S.DR.No.124968 of 2024
    19.09.2024