Honourable Mr.Justice K.Chandru (Retd) v. N.Ananthan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eighth day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice P. N. PRAKASH CRIMINAL MISCELLANEOUS PETITION No.12788 of 2021 IN CRL.O.P.NO.14967 of 2016 HON'BLE MR.JUSTICE K.CHANDRU (RETD), [PETITIONER/5TH RESPONDENT] COURT COMMISSIONER, Vs 1 N.ANANTHAN [ RESPONDENTS ] 2 THE SUPERINTENDENT OF POLICE GUDALUR, NILGIRIS.

3 THE INSPECTOR OF POLICE GUDALUR, NILGIRIS.

4 CHARITY HOME FOR THE MENTALLY RETARDED REP BY ITS MANAGING TRUSTEE CHARITY HOMES FOUNDATION, 12/172-C, MAKAMOOLA THORAPPALI ROAD, GUDALUR, THE NILGIRIS.

5 THE DISTRICT COLLECTOR MADURAI Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to (i) To permit the Court Commissioner to sell the properth at a reasonable price and also by way of direct negotiation with any intending purchaser. An order is prayed for accordingly. Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of HON'BLE MR.JUSTICE K.CHANDR, (RETD.), COURT COMMISSIONER, for the petitioner and of M/S.D.VIVEKANANDAN, Advocate on behalf of the 1st Respondent, and of M/S.R.MUNIYAPPARAJ, Additional Publice Prosecutor , on behalf of the 2nd, 3rd & 5th

Respondent, and of M/S.P.V.RAVICHANDRAN Advocate on behalf of the 4th Respondent, the court made the following order:- This criminal miscellaneous petition has been filed by Justice K. Chandru (Retd.), Court Commissioner, seeking permission to sell the Thiruvanmiyur flat bearing No. H 93/T1, TNHB, 67th Street, Valmiki Nagar, Thiruvanmiyur, Chennai 600 041, at a reasonable price, by way of direct negotiation.

In the instant petition, it has been inter alia stated as under:

1.

Pursuant to the direction, steps were taken to advertise for the sale of the property by giving advertisement in a local newspaper (Adyar Times dt.14.2.2021) and the upset price was fixed as Rs.45 lakhs. (Annexure 1) 2.

Pursuant to the advertisement, seven people submitted their bids, the highest being Rs.52 Lakhs by one S.Ramesh. Thereafter a limited auction was arranged on 15.3.2021 among the highest bidders. Four bidders participated and among them the highest bid was given by one Dhamodharan Venkatachalam who quoted a sum of Rs.58 lakhs. He was given a provisional allotment letter dt. 15.3.2021 with a direction to deposit the entire amount within four weeks. Since the amount was not deposited on or before 14.4.2021, the allotment made in his favour was cancelled vide Proceedings No.11/2021 dt. 19.4.2021.

(Annexure 2) 3.

Thereafter the persons who had quoted the next higher amounts were invited for a limited auction. In that auction which was held on 24.4.2021, one Sundaram Vasudevan quoted a sum of Rs.52.50 lakhs as the bid amount and accordingly a provisional allotment was given to him with a direction to deposit 50% of the sale consideration within two weeks. However, the said person informed by his mail dt. 14.6.2021 that he was unable to raise any bank loan. Therefore, the provisional allotment made in his favour was cancelled by Proceedings No.14/2021 dt. 22.6.2021. (Annexure 3) 4.

Once again, an advertisement for selling the property was given in the newspapers Dinamani and New Indian Express dt. 26.6.2021. In that advertisement, the upset price was fixed as Rs.51.70 lakhs as per the valuation done by the Tamil Nadu Registration Dept. (Annexure 4) 5.

It must be noted that the building is already two decades old and there is a market resistance in buying such a property. The Court Commissioner also did

not receive any bids within the time frame fixed by him when it was advertised for the second time. By word of mouth, the availability of the flat for sale was spread. Even then there were no intending purchasers except that some of the persons who were interested were seeking for the reduction of the upset price of Rs.51.70 lakhs. It is under these circumstances, the present petition is filed seeking for the permission of the Court to remove the criteria of fixing an upset price and also for selling the property for a reasonable price through direct negotiation with any intending purchaser."

In response to this, Mr. M.K. Kabir, Senior Advocate-cumCourt appointed guardian of Manoj Rajan has, in paragraph 6 of his interim report no.16 dated 08.12.2021, stated as under: "6. The Hon'ble Court Commission has filed a petition dated 29.11.2021 seeking permission of this Hon'ble Court for removing the criteria of fixing the upset price and also for selling the property for a reasonable price through direct negotiation with any intending purchaser. The upset price of Rs.51,70,000/- fixed has to be reduced, as the persons, interested in purchasing the apartment have expressed that the value fixed is high. Therefore, the Hon'ble Court Commissioner may be permitted to sell the said Apartment at a reasonable price by way of direct negotiation with the intending purchaser."

There appears to be justification in the request of the Court Commissioner, inasmuch as, owing to market resistance, buyers are not coming forward to pay even the upset price for the flat which is an old one located in the third floor of the building, that too, sans lift facility.

In view of the above, this criminal miscellaneous petition is allowed and the Court Commissioner is permitted to sell the Thiruvanmiyur flat at a reasonable price by way of direct negotiation with any intending purchaser and submit a report to this Court. -sd/- 08/12/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO HON'BLE MR. JUSTICE K. CHANDRU (RETD.) NO.4-B, KANCHANA 78, ST.MARYS ROAD ABIRAMAPURAM CHENNAI - 18 THE ADVOCATE GENERAL MADRAS HIGH COURT CHENNAI 600 104 MR. M.K. KABIR SENIOR ADVOCATE NO.80, LAW CHAMBERS HIGH COURT CAMPUS CHENNAI 600 104 MR. N. VIJAYARAGHAVAN ADVOCATE NO.3, I STREET NORTH GOPALAPURAM CHENNAI 600 086 MR. JEEVANANDAM DEPUTY COMMISSIONER OF POLICE CB-CID CHENNAI MRS.R.RAJKUMARI EXECUTIVE DIRECTOR, M/S. M.S. CHELLAMUTHU TRUST & RESEARCH FOUNDATION, NO.643, K.K.NAGAR, MADURAI PH: 96299 11343.

THE BRANCH MANAGER CANARA BANK THALLAKULAM BRANCH MADURAI-625 002.

THE BRANCH MANAGER CANARA BANK KASTURBA NAGAR BRANCH ADYAR, CHENNAI 600 020 THE DISTRICT COLLECTOR MADURAI

THE CHIEF COMMISSIONER OF INCOME TAX MADURAI CIRCLE BIBIKULAM MADURAI 625 002 THE PUBLIC PROSECUTOR MADRAS HIGH COURT CHENNAI-600 104.

MR. T.R. SENTHIL KUMAR STANDING COUNSEL FOR INCOME TAX DEPARTMENT 27, LAWYERS' CHAMBERS HIGH COURT BUILDING CHENNAI 600 104 MR. ABRAHAM MATHEW "AJIT VILLA"

PLOT NO.656, BRAHMAN WADI PIPE ROAD, KURLA WEST MUMBAI 400 070 MRS. ANNAMA FERNANDEZ 61 CHURCH STREET OPP. PHOENIX MALL, OFF L.B.S. MARG KURLA - KAMANI MUMBAI 400 070 MRS. SARAH PINTO C/18, I FLOOR, EBENEZER CHS LTD.

OPP. FISH MARKET, OPP. ASHOK NAGAR MULUND WEST MUMBAI 400 080 MR. DILIP S. SAWANT (SECRETARY) MUKTANAND CHS LTD.

HALL ROAD, HALAV POOL KARTIKA SCHOL ROAD KURLA WEST MUMBAI 400 070 MR. PHILIP VARGHESE - EXECUTOR 61 CHURCH STREET OPP. PHOENIX MALL, OFF L.B.S. MARG KURLA - KAMANI MUMBAI 400 070

THE REGIONAL PROVIDENT FUND COMMISSIONER R-40A, TNHB OFFICE COMPLEX MOGAPPAIR ROAD MOGAPPAIR (EAST) CHENNAI 600 037 THE SUPERINTENDENT OF POLICE GUDALUR, NILGIRIS.

THE INSPECTOR OF POLICE GUDALUR, NILGIRIS CHARITY HOME FOR THE MENTALLY RETARDED, REP BY ITS MANAGING TRUSTEE CHARITY HOMES FOUNDATION, 12/172-C MAKAMOOLA THORAPPALI ROAD, GUDALUR, THE NILGIRIS.

C.C. to HON'BLE MR.JUSTICE K.CHANDR, (RETD.), COURT COMMISSIONER, Advocate on payment of necessary charges Order in CRL MP.12788/2021 in CRL OP.14967/2016 Date :08/12/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-15/12/2021