The Estate Officer v. V Suresh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-06-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN W.A. No. 1381 of 2025

1. The Estate Officer The Tamil Nadu Industrial Investment Corporation Limited (TIIC), Chennai Regional Office, No.692, Anna Salai, Ground Floor, Nandanam, Chennai-600 035.

2. The Branch Manager The Tamil Nadu Industrial Investment Corporation Limited (TIIC), Tiruvallur Branch, No.86C D 2nd Main Road, Ambattur Industrial Estate, Chennai 600 058.

Appellant(s) Vs

1. V Suresh Proprietor M/S.Xpressmotors Plot No 86C 86D, 2nd Main Road Ambathur Industrial Estate Chennai 600 058

Respondent(s) PRAYER The Writ Appeal is filed under Clause 15 of the Letters Patent to set aside the order dated 13.03.2025 made in W.P. No.4115 of 2025 in so far as paragraph 12(c) of the order and consequently dispose the W.P. No.4115 of 2025. For Appellant(s):

Mr. Elumalai. M.

For Respondent(s):

No appearance

JUDGMENT

(Judgment of the Court was delivered by J.NISHA BANU, J.) The present Writ Appeal is filed against the order dated 13.03.2025 made in W.P.No.4115 of 2025 passed by this Court.

2. The respondents in the Writ Petition are the appellants before this Court.

3. The Writ Petition was filed to call for the records from the 1 st respondent pertaining to the impugned notice Form A dated 23.01.2025 and quash the same and consequently, direct the respondents to recognize the petitioner's tenancy rights.

4. The learned single Judge while disposing of the Writ Petition, had passed the following directions:-

a) The petitioner is directed to submit his objection/ reply to the show cause notice dated 23.01.2025 within a period of two weeks though under the Act only 7 days is stipulated, this Court is inclined to grant two weeks from today.

b) On receipt of such objection/ reply by the 1 st respondent, the same shall be considered by the 1 st respondent on merits and in accordance with law within a period of two weeks thereof.

c) The petitioner is directed to pay the arrears of rent for 6 months period taking into consideration that the petitioner has remitted a sum of Rs.19 lakhs towards 6 months rent on 05.03.2025. This Court is inclined to grant four weeks time from today d) The respondents are directed to take any coercive action till the order passed by the 1 st respondent."

5. Since the writ petitioner has not paid the arrears of rent, the respondents/ appellants are before this Court.

6. On perusal of records, it is seen that even though notice has been served on the respondent in this appeal and the name of the respondent is also printed in the cause list, there is no representation on behalf of the respondent. Therefore, no useful purpose was served by the indulgence shown by this Court. Hence, the respondent is directed to pay rental arrears of 13 months as on 31.03.2025 amounting to Rs.42,70,617/-. If the respondent/writ petitioner fails to pay the amount, the appellants are at liberty to take appropriate action in the manner known to law.

7. With the above directions, this Writ Appeal is disposed of. There shall be no order as to costs.

(J.NISHA BANU J.) (M.JOTHIRAMAN J.) 20-06-2025 ASI To V. Suresh Proprietor M/S.Xpressmotors Plot No 86C 86D, 2nd Main Road Ambathur Industrial Estate Chennai 600 058.

J.NISHA BANU J.

AND M.JOTHIRAMAN J.

ASI W.A. No. 1381 of 2025 20-06-2025