A.Baladhandayutham @ Balaji v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.6.2016
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.10576 of 2016 and W.M.P.Nos.9270 to 9272 of 2016 A.Baladhandayutham @ Balaji Petitioner
Versus
1 The District Collector Coimbatore District Coimbatore 2 The Tahsildar Coimbatore South Coimbatore 3 The Manager Indian Overseas Bank Main Branch Gandhipuram Coimbatore 4 M/s.Ganga Arthi Infra Pvt. Ltd.
rep. by its Director No.126 5th Street 100 Feet Road Gandhipuram Coimbatore 641 012 5 L.S.Sathish Kumar Director M/s.Ganga Arthi Infra Pvt. Ltd.
No.126 5th Street 100 Feet Road Gandhipuram Coimbatore 641 012
6. Mallika
7. V.Ranjith Chander (R6 and R7-impleaded vide order dated 22.6.2016 made in WMP No.17050 of 2016) Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India seeking issuance of a writ of certiorarified mandamus calling for the records of the 2nd respondent and quash the order dated 28.5.2015 made in Na.Ka.No.5778/2015/A1 and quash the same and further direct the respondents to restore the business in the premises allotted to the petitioner with original condition as on 28.9.2015. For petitioner : Mr.E.Sampathkumar For RR1 and 2 : Mr.P.S.Sivashanmugasundaram, Spl.G.P.
For R3 : Mr.F.B.Benjamin George For RR4 and 5 : Mr.A.Palaniappan
ORDER
(Order of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the parties.
2. It appears that the petitioner is squatting over the property in the capacity of tenants under the original landlord for more than 11 years. However, the property was brought to auction since there was default in repayment of loan availed by the original landlord and the fourth respondent, being the successful bidder, purchased the property. Sofar as eviction of the petitioner-tenant is concerned, the District Collector issued a notice to the petitioner in due course of process. There is no doubt that when once the property was sold in auction, the tenant has to be vacated, of course, by issuing notice of reasonable time.
3. Further, it is brought to the notice of the court that there is rental arrears by the petitioner. Be that as it may, the petitioner is very much insisting to continue as tenant under the auction purchaser.
4. Therefore, considering the facts and circumstances of the case, the petitioner would be given time till 31st March 2017 subject to payment of rent of Rs.20,000/- per month from today. Further, the petitioner as well as the person concerned shall calculate the amount due towards arrears of rent which shall be paid within three weeks from today. It is made clear that if the petitioner fails to pay the arrears of rent or much less commits default in payment of monthly rent of Rs.20,000/- as and when it becomes due, the District Collector is directed to take possession of the property and hand over the same to the auction purchaser. The writ petition is disposed of accordingly. No costs. The connected miscellaneous petitions are closed. (H.G.R.,J.)(M.V.M.,J.) Index:Yes/No 22.6.2016 Internet:Yes/No ssk.
To:
1 The District Collector Coimbatore District Coimbatore 2 The Tahsildar Coimbatore South Coimbatore 3 The Manager Indian Overseas Bank Main Branch Gandhipuram Coimbatore 4 M/s.Ganga Arthi Infra Pvt. Ltd.
rep. by its Director No.126 5th Street 100 Feet Road Gandhipuram Coimbatore 641 012
HULUVADI G. RAMESH, J.
AND M.V.MURALIDARAN, J.
ssk.
W.P.No.10576 of 2016 22.6.2016.