M.Chandra v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Special Original Jurisdiction ) Wednesday, the Fourth day of August Two Thousand Twenty One PRESENT THE HON`BLE MR.JUSTICE N.ANAND VENKATESH WMP.No.17099 of 2021 IN WP.No.16162 of 2021 M.CHANDRA [ PETITIONER ] Vs 1 THE COMMISSIONER [ RESPONDENTS ] SALE CORPORATION, SALEM DISTRICT 2 THE ASSISTANT COMMISSIONER SALEM CORPORATION, NO.31, ZONE 3, AMMAPETTAI WARD OFFICE, SALEM DISTRICT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant an order of interim stay of all further proceedings pursuant to the 2nd respondents impugned demand notice dated 06.07.2021 issued to the petitioner herein, (in WMP. No.17099/2021) pending disposal of the above WP.No.16162/2021.
Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.A.SARAVANAN, Advocate for the petitioner and of MR.S.SATHISH, STANDING COUNSEL on behalf of the Respondents the court made the following order:- It is seen from records that admittedly the petitioner has not paid the monthly rent from November 2019 onwards and as per the demand notice dated 06.07.2021, a sum of Rs.2,24,613/- is due and payable till March 2021. According to the petitioner, she was not able to earn any income due to the lock down and the learned counsel for the petitioner is seeking for some time to make the payment.
2.
Taking into consideration the prevailing situation and also the undertaking given by the petitioner to pay the arrears, there shall be an order of interim stay subject to the condition that :- (a) The petitioner is directed to deposit a sum of Rs.1,00,000/- before the 2nd respondent, within a period of four weeks from the date of receipt of copy of this order. https://hcservices.ecourts.gov.in/hcservices/
(b) The petitioner is directed to deposit another sum of Rs.1,25,000/-, within a period of six weeks, thereafter. (c) The petitioner apart from paying the arrears of rent, shall also pay the monthly rent on or before 5th of every month without fail starting from the month of September 2021 onwards and (d) If the petitioner fails to comply with any of the conditions imposed in clause a to c, the stay granted by this Court will stand automatically vacated and it is left open to the respondents to proceed further in accordance with law without any further reference to this Court.
-sd/- 04/08/2021 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.
TO 1 THE COMMISSIONER SALE CORPORATION, SALEM DISTRICT 2 THE ASSISTANT COMMISSIONER SALEM CORPORATION, NO.31, ZONE 3, AMMAPETTAI WARD OFFICE, SALEM DISTRICT C.C. to MR.A.SARAVANAN, Advocate SR.No.4424/2021. Order in WMP.No.17099/2021 in WP.No.16162/2021 Date :04/08/2021 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format DP (12/08/2021) https://hcservices.ecourts.gov.in/hcservices/