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Madras High CourtWP/9411/2019disposed of

M.Sambath v. The Comissioner

2019-08-05Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 05.08.2019

CORAM:

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Writ Petition No.9411 of 2019 M.Sambath

...Petitioner

Vs 1.The Commissioner.

Rippon Building, 2.The Deputy Commissioner, Rippon Building, 3.The District Revenue Officer, Department of Land and Ownership, 4.The zonal Officer, Zone-9, Lake Area, Nungambakkam, Chennai-600 034.

5.The Inspector of Police, E-3, Police Station, Teynampet, Chennai-600 018.

6.Rajendran @ Silk Rajendran ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 5 to vacate the trespasser-respondent-6 from petitioner's shop at No.12, M.A.Garden Shopping Complex, Ground Floor, Ward No.118, Zone-9, Teynampet, Chennai-600 018 and hand-over the same to the petitioner.

For petitioner : Mr.K.Anbarasan For Respondents : Mrs.Karthika Ashok for R1 to R4 : Mr.N.Inbanathan Addl. Govt. Pleader for R5 : Mr.V.S.Mannarswamy for R6

O R D E R

Heard learned counsel for the petitioner and learned Standing counsel appearing for the respondents 1 to 4/Corporation and learned Additional Government Pleader appearing for the 5th respondent and the learned counsel appearing for the 6th respondent.

2. When the matter came up for arguments, earlier this Court found that the 6th respondent, who was the erstwhile tenant of the Corporation, defaulted paying the rent, which has prompted the Corporation to auction the premises in which the petitioner herein was a successful bidder. However, after handing over the possession from the 6th respondent to the petitioner, there is some dispute between the erstwhile tenant and the petitioner herein, which has led to give a police complaint. The 5th respondent-Inspector of Police has settled the dispute between the petitioner and the 6th respondent. The possession allotted have been given to the 6th respondent, after payment of some money. The 6th respondent thereafter had occupied the premises and paying the rent in the name of the petitioner.

3. After lapse of three years, the petitioner herein has filed a writ petition alleging that the 6th respondent/erstwhile tenant has not vacated the premises and the 1st respondent-Corporation, who is the owner of the premises, has not handed over the vacant possession to him.

4. In the said circumstances, this Court passed an interim order and directed the 1st respondent to take possession of the premises. Accordingly, the premises was taken possession by the 1st respondent and presently it is under lock and seal.

5. The contention of the petitioner is that, he was the successful bidder in the auction, which took place on 29.10.2013. He has paid a sum of Rs.69,552/- as deposit but, the 6th respondent still occupying the premise and

carrying on business in the premises paying the rent in the name of the petitioner.

6. According to the 6th respondent, the petitioner has allowed him to occupy the premises after collecting the money he deposited in the Corporation and additional sum of Rs.1,00,000/- as pagadi. This averment is disputed and denied by the petitioner herein.

7. In any events, it is clear from the averments of the petitioner as well as the counter affidavit of the respondents 1 to 4 that the public premises owned by the 1st respondent has been occupied illegally by the 6th respondent, who has defaulted rent to the 1st respondent. Now, the premises has been taken possession by the 1st respondent. It is for the 1st respondent to put the premises for public auction call for bidders and lease the premises to the highest bidder. The 1st respondent shall allow all persons including the petitioner as well as the 6th respondent to participate in the tender if they are eligible to participate. The tender process to be completed within a period of three months from today. The deposit received by the 1st respondent from the petitioner shall be returned within a period of three months from today with interest at 9% per annum.

8. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(insp cell) //True Copy// Sub Assistant Registrar rpl To 1.The Commissioner.

Rippon Building, 2.The Deputy Commissioner, Rippon Building,

3.The District Revenue Officer, Department of Land and Ownership, 4.The zonal Officer, Zone-9, Lake Area, Nungambakkam, Chennai-600 034.

5.The Inspector of Police, E-3, Police Station, Teynampet, Chennai-600 018.

+1 cc to Government Pleader Sr.No. 67134 +1cc to Mr.A.Kavitha Ashok , Advocate SR.No. 66695 +1cc to Mr.V.S.Mannarswamy , Advocate SR.No. 66964 Writ Petition No.9411 of 2019 A.SK(22/08/2019)