BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R. MAHADEVAN, J.
R. Veeraiyan – Appellant
Versus
The Joint Commissioner, Hindu Religious & Charitable Endowments Department & Others – Respondent
W.P. (MD) No. 20078 of 2017 & W.M.P (MD) No. 16363 of 2017
Decided On : 01-11-2017
Eviction - Tenant's Rights - Monthly Rent - Undertaking
Fact of the Case:
The petitioner, a tenant, sought to quash an eviction order by the first respondent, claiming to have paid rent regularly and having constructed a super structure with the permission of the third respondent.
Finding of the Court:
The court disposed of the writ petition, directing the petitioner to remit the monthly rent as directed by the authorities without default, and dropped all other proceedings pending against the petitioner. However, the court made it clear that any default in rent payment would allow the respondents to evict the petitioner.
Issues: The main issue was the eviction of the petitioner based on alleged default in rent payment and encroachment.
Ratio Decidendi: The court's decision was influenced by the petitioner's undertaking to pay the monthly rent without default and the third respondent's submission that the petitioner would be permitted to continue if he pays the rent regularly.
Final Decision: The writ petition was disposed of, directing the petitioner to remit the monthly rent without default, and all other proceedings pending against the petitioner were dropped. The respondents were allowed to evict the petitioner in case of any default in rent payment.
1. By consent, this writ petition is taken up for final disposal at the stage of admission itself.
2. Mr.T.S.Mohamed Mohideen, learned Additional Government Pleader takes notice for the first & second respondents. Mr.M.Saravanan, learned Counsel takes notice for the third respondent.
3. The petitioner is before this Court, seeking a Writ of Certiorarified Mandamus, to quash the impugned order of the first respondent dated 17.02.2017, by which the petitioner was directed to vacate the premises within 30 days.
4. The case of the petitioner is that he is a tenant under the third respondent and with his permission, the petitioner had also constructed a super structure for residential purpose on the property. While so, the third respondent has filed a petition before the first respondent for eviction, as if the petitioner is an encroacher and defaulted in payment of rent. Though the petitioner has been paying the rent regularly, without any notice regarding fixation of fair rent, the first respondent has passed the impugned order of eviction. Hence, aggrieved by the same, the petitioner is before this Court.
5. When the matter is taken up for hearing, the learned Counsel for the petitioner submitted that the petitioner has remitted the entire arrears of rent and has produced a copy of the Demand Draft.
6. The learned Counsel for the third respondent, on the other hand, sought time to verify the same and has, on instructions, further submitted that if the petitioner regularly pays the rent or the enhanced rent whatsoever to be fixed by the authorities without any default, he would be permitted to continue. In reply to the above, the learned counsel for the petitioner would submit that the petitioner undertakes to hereafter pay the monthly rent as directed by the authorities concerned without default.
7. Recording the undertaking given by the petitioner and also taking into consideration the submission of the learned Counsel for the third respondent, this writ petition is disposed of, directing the petitioner to remit the monthly rent / enhanced rent to be fixed by the authority, without any default. Pursuant to the undertaking given by the petitioner, the respondents are directed to drop all other proceedings pending against the petitioner. However, it is made clear that in the event of the petitioner committing any default in compliance of remittance of monthly rent, it is open to the respondents to evict the petitioner forthwith. No costs. Consequently, connected miscellaneous petition is closed.
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