Madras High CourtWP/19392/2014disposed of

T.Neethimani v. The Commissioner

2016-08-23Honourable Mr Justice N. Kirubakaran2 pages

W.P. No.19392 of 2014 N. KIRUBAKARAN, J.

This case is posted today under the caption 'For reporting compliance'. 2.This Court disposed of this writ petition on 23.08.2016 with the following direction. The relevant portion in paragraph 5 is extracted as follows -

5. In view of the above said circumstances, the respondents are directed to invite the said Rajammal and inform the new offer made by the petitioner and find out as to whether she intends to pay 5% more than the amount quoted by the petitioner. The person who quoted the highest bid shall be given possession/license of the shop. The third respondent is directed to file a report about the outcome of the proceedings before this Court.

3. Even after negotiation, the petitioner had not come forward to pay even the negotiated amount of monthly rent. Thereafter, he had handed over possession of Shop No.21 situated at Old Bus Stand, Tiruppur to the respondent on 27.10.2016.

4. Mrs.P.Shanthi, learned counsel appearing for respondents also confirmed that the petitioner had already handed over possession of the above said shop to the respondents.

5. At this juncture, Mr.P.Nethaji, learned counsel said to be appearing on behalf of Mrs.Rajammal who is the successful bidder in the auction conducted for leasehold / license right in respect of Shop No.21 which is the subject matter of the writ petition would submit that the said Rajammal is

N.KIRUBAKARAN, J.

rgr ready and willing to pay a sum of Rs.43,500/- towards monthly rent quoted by her, alongwith security deposit.

6. Since the present monthly rent paid by the petitioner is only Rs.3,984/- and the upset price fixed by the respondent is Rs.39,933/- and the said Rajammal is the successful bidder for Rs.43,500/-, there cannot be any prohibition for the respondents to give the leasehold / license right to the said Rajammal. Therefore, the respondents are directed to enter into lease hold / license by executing agreement with the Rajammal, within a period of two (2) weeks from the date of receipt of payment from the said Rajammal.

7. With the above direction, this writ petition is closed. 10.11.2016 rgr Note: Issue orcer copy by 10.11.2016 W.P. No.19392 of 2014 http://www.judis.nic.in