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 2^nd, 3^rd & 5^th

https://hcservices.ecourts.gov.in/hcservices/

Respondent, and of M/S.P.V.RAVICHANDRAN Advocate on behalf of the 4^th

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, 67^th Street, Valmiki

Nagar, Thiruvanmiyur, Chennai 600 041, at a reasonable price, by way

of direct negotiation.

2

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

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not receive any bids within the time