G.Anbarasu v. The Regional Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.08.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.No.24585 of 2015 and M.P.Nos.1 and 2 of 2015 G.Anbarasu ..Petitioner /vs/ 1.The Regional Manager, LIC of India, No.153, Anna Salai, Chennai 600 002.

2.The Estate Officer, LIC of India, No.153, Anna Salai, Chennai-600 002.

3.The Zonal Manager, LIC of India, No.153, Anna Salai, Chennai 600 002.

..Respondents Writ Petitions filed under Article 226 of the Constitution of India praying for issuance a Writ of Certiorarified Mandamus calling for the entire records relating to the impugned order passed by the 2nd respondent in Petition No.5 of 2013 dated 03.03.2014 and quash the same consequently direct the 2nd respondent to hand over the possession of the Room No.4, First Floor, Andhra Insurance Building, No.323, Tambu Chetty Street, Chennai-1 to the petitioner. For Petitioner .. Mr.C.Prakasam

ORDER

Challenging the proceedings initiated under the Public Premises Act 1971, the present writ petition has been filed. 2.A perusal of the order impugned dated 03.03.2014 would show that the petitioner was given an opportunity. But, he neither raised any objection nor offered any explanation to the show cause notice. Accordingly, a final order was passed on 03.03.2014. In pursuant to the final order passed by the second respondent, a paper publication was issued seeking to let out the premises on lease basis.

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3. The learned counsel appearing for the petitioner submitted that the amount has been paid. Therefore, the petition has to be allowed.

4.This Court is not inclined to accept the said submission. Even as per the representation of the petitioner dated 25.02.2015, the petitioner was evicted on 26th November 2014. It appears from the said representation that after the eviction the petitioner paid the dues. The petitioner does not have any vested right legally that too after the eviction has been carried out. In other words, the impugned order dated 03.03.2014 has been given effect to. Even otherwise, if at all the petitioner is having any grievance he could have filed an appeal or raised his objection if any to the show cause notice. Therefore, the writ petition stands dismissed. However, it is well open to the petitioner to take part in the proceedings initiated in pursuant to the paper publication. No costs. Consequently, connected Miscellaneous Petitions are also dismissed. Sd/- Assistant Registrar True Copy Sub Assistant Registrar ari To 1.The Regional Manager, LIC of India, No.153, Anna Salai, Chennai 600 002.

2.The Estate Officer, LIC of India, No.153, Anna Salai, Chennai-600 002.

3.The Zonal Manager, LIC of India, No.153, Anna Salai, Chennai 600 002.

1 cc to Mr.C.Prakasam , Advocate Sr.No.41315 W.P.No.24585 of 2015 ug(co) pmk.12.8.2015 https://hcservices.ecourts.gov.in/hcservices/