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Madras High CourtWP/15148/2020disposed of

Thiru.K.Kathiresan v. The Deputy Commissioner /

2020-10-28Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.10.2020

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.15148 of 2020 and W.M.P.Nos.18903 and 18904 of 2020 (Heard Through VC) K.Kathiresan ..Petitioner .Vs.

1. The Deputy Commissioner/Executive Officer, Arulmigu Parthasarathy Temple, Triplicane, Chennai 600 005.

2. The Assistant Commissioner/Executive Officer, Arulmigu Parthasarathy Temple, Triplicane, Chennai 600 005 .. Respondents * * * Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records on the file of the second respondent in Na.Ka.No.773/2020/A2 dated 22.09.2020 quash the same. * * * For Petitioner : Mr.S.N.Kirubanandam For Respondents: Mr.A.K.Sriram

ORDER

The Writ Petition is filed challenging the order dated 22.09.2020 passed by the Assistant Commissioner / Executive Officer, H.R & C.E/the second respondent, demanding the arrears of rent of Rs.6,29,010/- from the petitioner upto 30.09.2020. 2.

The said notice was issued, as the petitioner, who had taken order of interim stay earlier on 30.10.2018, wherein, he agreed to pay 50% of the rental arrears to the respondents within a period of two weeks and that he had defaulted in the said payment.

3.

After some deliberations, with the consent of both learned counsels, the matter is taken up for final hearing. https://hcservices.ecourts.gov.in/hcservices/

4.

It is agreed by the learned counsel for the petitioner that of Rs.6,29,010/-, the petitioner would pay a sum of Rs.2,00,000/- (Rupees two lakhs only) on or before 19.11.2020 and the balance in equal installments of Rs.1,00,000/- each (Rupees one lakh only) payable on or before 10th of every month from December 2020. The installment payable for the month of March 2021 would be Rs.1,30,000/-. In addition, the petitioner has to continue to pay the monthly rent without any default. The default in payment of the monthly rent would not entitle the benefit of this order to the petitioner and any default in payment of the installments, as agreed, also would dis-entitle the benefit of this order to him.

5.

With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To

1. The Deputy Commissioner/Executive Officer, Arulmigu Parthasarathy Temple, Triplicane, Chennai 600 005.

2. The Assistant Commissioner/Executive Officer, Arulmigu Parthasarathy Temple, Triplicane, Chennai 600 005.

+1cc A.S.Kailasam & Associates,Sr.No.35095 W.P.No.15148 of 2020 and W.M.P.Nos.18903 and 18904 of 2020 rr ii (27/11/2020) https://hcservices.ecourts.gov.in/hcservices/