N. Ravi v. Nathella Sulochanamma Charitable Trust, Rep. by its Trustee, N. Prapanna Kumar, Chennai
2023-05-29
B.PUGALENDHI, V.LAKSHMINARAYANAN
body2023
DigiLaw.ai
JUDGMENT (Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to open and allow the petitioner to conduct his daughter’s marriage at the first respondent Trust owned Kalyana Mandapam by name Nathella Sulochanamma Kalyana Mandapam on scheduled period from 30.05.2023 to 01.06.2023.) V. Lakshminarayanan, J. This writ petition is filed seeking a writ of mandamus to direct the second respondent / Financial Institution to open the wedding hall of the first respondent and to conduct the petitioner’s daughter’s marriage. 2. The subject matter of dispute is a marriage hall under the name and style of “Nathella Sulochanamma Kalyana Mandapam”. The writ petitioner’s daughter’s wedding is scheduled to be held from 31.05.2023 to 01.06.2023. The writ petitioner had approached the first respondent for booking the marriage hall in January, 2023. The petitioner was called upon to pay a sum of Rs.1,18,000/- towards booking charges, with a further instruction that a sum of Rs.1,50,000/- has to be paid as security deposit one week before the wedding. It is admitted by Mr.C.Arunkumar, learned Counsel who appears for the first respondent that his client has received a sum of Rs.1,18,000/-. It is further admitted by the petitioner and the respondents that the rent amount for the Kalyana Mandapam is Rs.3,10,000/- and that the balance amount of Rs.1,92,000/- is yet to be paid. 3. The marriage hall had been the subject matter of proceedings before the High Court in Bombay in IA.No.9864 of 2022 in First Appeal No.335 of 2023. On 11.01.2023, the Bombay High Court had permitted the second respondent / Institution to take physical possession of the Kalyana Mandapam. Ten days thereafter, according to Mr.D.Krishna Pradeep, learned Counsel appearing for the petitioner, the writ petitioner had approached the first respondent. The first respondent had not informed the writ petitioner about the order of the Bombay High Court and had readily received a sum of Rs.1,18,000/- towards booking. On the strength of the booking, Mr.D.Krishna Pradeep, learned Counsel, would submit that the writ petitioner and his family have printed invitation cards, arranged for catering and flower decorations at the wedding hall for the ceremony which is scheduled to commence on 31.05.2023. Apart from that, they have also invited all their friends and relatives by distributing the invitation cards. A sample of the card is also enclosed along with the writ petition.
Apart from that, they have also invited all their friends and relatives by distributing the invitation cards. A sample of the card is also enclosed along with the writ petition. 4. On 22.05.2023, on the basis of the undertaking given by the first respondent in WP.No.15529 of 2023 before this Court, the first respondent had addressed a letter to the writ petitioner stating that the possession had been taken over by the second respondent and therefore, they would be returning the advance amounts and asked the writ petitioner to make alternate arrangements qua the venue. Such an abrupt intimation has obviously caused turmoil to the writ petitioner. The said letter is the cause of action for this writ petition. 5. We are of the considered view that if a person is being informed at the last moment, especially for a function like a marriage, even if he were to run helter and skelter, it would not be possible for them to make alternate arrangements within a period of two days. Therefore, we heard Mr.C.Vigneshwaran, learned Counsel for the second respondent / Institution and with the consent of all the parties, we are passing the following order:- “(a) The first respondent shall transfer the sum of Rs.1,18,000/-, received as advance from the writ petitioner, immediately to the second respondent. (b) The writ petitioner shall pay all the charges, including the electricity, water, generator charges, etc., apart from the balance rental amount to the second respondent. (c) On such payment, the second respondent shall ensure that the function proceeds smoothly without any hiccups. (d) The balance rental amount of Rs.1,92,000/- shall be paid directly by the writ petitioner to the second respondent. The said payment shall be made in advance. It is only on such payment that the second respondent shall permit the writ petitioner to occupy the premises and start the decorations and other arrangements.” 6. Mr.C.Arunkumar, learned Counsel would submit that the first respondent has received advance amounts for the weddings to be conducted till 20.10.2023. He would state that he has furnished the list in the affidavit of undertaking filed in WP.No.15529 of 2023. We have seen the list. We feel that if the same arrangement which has been set-forth above is continued for the wedding mentioned in S.Nos.4, 5 & 6 in the list, interest of justice would be served.
He would state that he has furnished the list in the affidavit of undertaking filed in WP.No.15529 of 2023. We have seen the list. We feel that if the same arrangement which has been set-forth above is continued for the wedding mentioned in S.Nos.4, 5 & 6 in the list, interest of justice would be served. For all these functions, the first respondent shall transfer the amount received as advance immediately to the second respondent and the second respondent shall permit the conduct of these functions only on receipt of the advance amount and other charges, in advance, from the parties, who have made the booking. We are passing this order taking into consideration the fact that a person who has arranged for a wedding should not be thrown into jeopardy, which would not only leave the couple disapppointed, but also cause serious harm and prejudice to the honour and reputation of the family. 7. However, insofar as the weddings mentioned in S.Nos.7, 8 & 9 in the list, there is enough and more time for the parties to make alternate arrangements. Therefore, insofar as the weddings in S.Nos.7, 8 & 9, the payment which has been received by the first respondent shall be refunded immediately, as directed by this Court in WP.No.15529 of 2023, dated 18.05.2023. We leave it open to the parties in S.Nos.7, 8 & 9 in the list to proceed against the first respondent for damages. 8. A compliance affidavit shall be filed by the first respondent before this Court, after due notice to the writ petitioner and the second respondent, within three days from today, ie., on or before 02.06.2023. In case the compliance affidavit is not filed, the writ petitioner and/or the second respondent are granted liberty to mention the matter and in such an event, suitable orders would be passed. With the above observations and directions, this writ petition is disposed of. No costs.