Madras High Court
P. Vijayal vs The Commissioner And Secretary on 6 July, 2021
WP No.2267 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.07.2021
CORAM
THE HONOURABLE MR. JUSTICE R. MAHADEVAN
W.P. No. 2267 of 2020
and
W.M.P. No. 2645 of 2020
P. Vijayal .. Petitioner
Versus
1. The Commissioner and Secretary
to the Govt. of Tamil Nadu,
Housing & Development Department,
St. George Fort, Chennai.
2. The Executive Engineer and
Administrative Officer,
Tamil Nadu Housing Board,
Salem Housing Unit,
Salem – 8.
3. The Inspector of Police,
Hastampatti Police Station,
Salem. .. Respondents
Petition filed under Article 226 of the Constitution of India, praying for
issuance of a Writ of Mandamus, directing the 1st respondent to dispose of the
appeal of the petitioner dated 03.10.2001 u/s 84 and 85 of the Tamilnadu
Housing Board Act expeditiously.
For Petitioner : Mr. C.K.M. Appaji
For R 1 & R2 : Mr. R. Bharathkumar
For R3 : Mr. G. Krishnaraja
Government Advocate
https://www.mhc.tn.gov.in/judis/
1/6
WP No.2267 of 2020
ORDER
The petitioner is running a rice and flour mill in the name and style of
M/s Meenakshi Rice and Flour Mills in the property allotted to her by the 1 st
respondent as per the order dated 03.05.1988 in L.No.2556/N2/87. As per the
Allotment order, the lease period was fixed for 11 months on a monthly rent of
Rs.230/- p.m. While so, the second respondent issued a Notice in Letter
No.Lr.G2/195-93/84 dated 20.07.1998 calling upon the petitioner to pay 15%
enhanced rent on the agreed rent of Rs.230/- per month from the date of
commencement of tenancy dated 07.06.1988, totalling Rs.34,450/-. The
petitioner sent a reply on 26.05.2021 and disputed the claim. Thereafter,
another notice dated 30.10.2020 was issued by the second respondent calling
upon the petitioner to pay Rs.70,358/- representing the enhanced rental arrears
and on failure to pay the amount, demanded the petitioner to vacate the
premises in question. Aggrieved by the same, the Petitioner preferred an
appeal on 03.10.2001 before the 1st Respondent. Notwithstanding the same,
the petitioner has also filed a suit in O.S. No. 907 of 2001 on the file of
Principal District Munsif, Salem to declare that the notice dated 30.10.2001
issued by the second respondent is null and void and for a consequential
permanent injunction restraining the second respondent from evicting her from
the premises in question. The suit was decreed on 01.03.2004, against which
https://www.mhc.tn.gov.in/judis/
WP No.2267 of 2020
the second respondent filed A.S. No. 38 of 2004 before the learned Additional
Subordinate Judge, Salem. The Appellate Court allowed the appeal on
29.10.2004 with liberty to the petitioner to work out her remedy under
Sections 84 and 85 of the Tamil Nadu Housing Board Act. According to the
petitioner, such an appeal was already filed by her before the first respondent
and the same is pending. Further, the petitioner has filed Second Appeal No.
891 of 2005 and the same was dismissed by this Court on 14.03.2019. In the
above facts and circumstances, the petitioner has filed this Writ Petition to
issue a Writ of Mandamus for expeditious disposal of the appeal preferred on
03.10.2001 before the first respondent.
2. On notice, the second respondent filed a counter affidavit
specifically disputing that the petitioner has not preferred any appeal on
03.10.2001 and no such appeal is pending on the file of the first respondent.
The petitioner has successfully dragged on the matter and refused to budge
from the premises in question for more than two decades. The civil
proceedings initiated by the petitioner has also come to an end by virtue of
dismissal of the Second Appeal No. 891 of 2005 filed by the petitioner on
14.03.2019. As on 13.11.2019, the petitioner has to pay a total sum of
Rs.12,13,852/-. For the non-payment of such huge rental arrears, the second
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WP No.2267 of 2020
respondent, with the police protection given by the third respondent, had
locked the premises on 08.01.2020 and taken possession of the premises in
question. Now, the property in question is in the custody and possession of
the second respondent. The petitioner has approached this Court with this writ
petition with unclean hands. There is no merits in the writ petition and the writ
petition is liable only to be dismissed with liberty to the respondents to recover
the rental arrears from the petitioner.
3. Heard the counsel for both sides and perused the materials placed.
Admittedly, the petitioner has filed a Civil Suit and it culminated in the
passing of a Judgment dated 14.03.2019 in Second Appeal No. 891 of 2005.
By virtue of the Judgment dated 14.03.2019, the petitioner's attempt to set
aside the demand notice, demanding enhanced arrears of rent, has come to an
end. As on 13.11.2019, the petitioner has to pay a total sum of Rs.12,13,852/-.
It is stated that the petitioner has not preferred any appeal at all on 03.10.2001
and no such appeal is pending on the file of the first respondent. Further, it is
stated that the petitioner was already evicted from the premises in question on
08.01.2020. Having regard to the above facts and circumstances, this Court is
of the view that the relief of Mandamus sought for by the petitioner, to dispose
of the appeal filed by her on 03.10.2001 need not be issued. The respondents
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WP No.2267 of 2020
are at liberty to recover the rental arrears payable by the petitioner for her
occupation in the premises in question till 08.01.2020, in a manner known to
law.
4. With the above direction and observation, the writ petition is
disposed of. No costs. Consequently, connected miscellaneous petition is
closed.
06.07.2021
Index : Yes/No
Internet : Yes/No
av/rsh
To
1. The Commissioner and Secretary
to the Govt. of Tamil Nadu,
Housing & Development Department,
St. George Fort, Chennai.
2. The Executive Engineer and
Administrative Officer,
Tamil Nadu Housing Board,
Salem Housing Unit,
Salem – 8.
3. The Inspector of Police,
Hastampatti Police Station,
Salem.
https://www.mhc.tn.gov.in/judis/
WP No.2267 of 2020
R. MAHADEVAN, J
av/rsh
WP No. 2267 of 2020
06.07.2021
https://www.mhc.tn.gov.in/judis/
