Madras High Court
Kamalakannan vs Sri Colla Singanna Chetty ... on 14 July, 2021
C.R.P.(NPD)No.3718 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.07.2021
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
C.R.P.(NPD)No.3718 of 2018
and C.M.P.No.20706 of 2018
Kamalakannan ... Petitioner
Vs.
1. Sri Colla Singanna Chetty Charities,
Kanchipuram by its Hereditary Trustee,
C.V.Chandrasekar,
S/o. Kannaiah Chetty,
No.117, West Raja Street,
Big Kanchipuram.
2. The Joint Commissioner,
HR & CE, RTO Road,
Sathuvachari,
Vellore – 9.
3. The Executive Officer,
HR & CE,
Arulmigu Egambaranathar Thirukovil,
Kanchipuram – 631 502.
(RR2 and 3 impleaded as parties/respondents
vide Court order dated 17.12.2020 made in
CMP.No.12187 of 2020 in C.R.P.No.3718 of 2018) ... Respondents
Page 1 of 8
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD)No.3718 of 2018
Prayer :- Civil Revision Petition is filed under Section 25 of the Tamil
Nadu Buildings (Lease and Rent control) Act 1960, to set aside the fair and
decreetal order dated 08.06.2018 passed by the learned Appellate Authority
cum Subordinate Judge, Kancheepuram in R.C.A.No.12 of 2012 and
confirming the order and decreetal order dated 12.03.2012 in
R.C.O.P.No.06 of 2007 passed by the learned Rent Controller cum Principal
District Munsif, Kancheepuram.
For Petitioner : Mr.T.Karunakaran
For Respondents
For R1 : Ms.M.Sneha
For Mr.J.Ravichandran
For R2 : Dr.S.Suriya
Government Advocate (CS)
For R3 : Mr.R.Bharanidharan
ORDER
This Civil Revision Petition is directed as against fair and
decreetal order dated 08.06.2018 passed by the learned Subordinate Judge,
Kancheepuram, (herein after called as Rent Control Appellate Authority) in
R.C.A.No.12 of 2012 confirming the order and decreetal order dated
12.03.2012 passed by the learned Principal District Munsif, Kancheepuram
(herein after called as Rent Controller) in R.C.O.P.No.06 of 2007, thereby
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD)No.3718 of 2018
ordering eviction on the ground of willful default, demolition and re-
construction.
2. The petitioner is the tenant and the respondent is the landlord.
Originally, the landlord filed petition for eviction in R.C.O.P.No.06 of 2007
on the ground of willful default, demolition and reconstruction. Pending the
RCOP, the Hindu Religious and Charitable Endowment Department (herein
after called as HE&CE) by its proceeding in No.Na/Ka8051/08E, dated
13.10.2008, removed the landlord from his trusteeship and appointed fit
person to look after the landlord trust. Even then, the learned Rent
Controller ordered eviction by observing that the tenant cannot take
advance of the issue between the landlord trustee and the HR&CE.
Aggrieved by the same, the tenant preferred an appeal in R.C.A.No.12 of
2012 before the learned Rent Control Appellate Authority and the same was
dismissed by confirming the order passed by the learned Rent Controller.
Aggrieved by the same, the present Civil Revision Petition has been filed by
the tenant.
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD)No.3718 of 2018
3. While pending the Civil Revision Petition, this Court ordered
to implead the HR&CE and the third respondent as parties, since the third
respondent is looking after the landlord trust. At the same time, the
appointment of the third respondent was challenged before this Court by
way of Writ Petition in W.P.No.25511 of 2008 by the landlord and this
Court by an order dated 05.11.2019 dismissed the said Writ Petition.
Aggrieved by the same, the landlord filed Writ Appeal in W.A.No.185 of
2020 and the Hon'ble Division Bench of this Court by an order dated
22.09.2020, allowed the Writ Appeal thereby quashing the appointment of
fit person and ordered to maintain status quo on the date of the judgment
passed by the learned single judge in W.P.No.25511 of 2008, on
05.11.2019. Further directed the second respondent herein to pass order
afresh in accordance with law as expeditiously as possible preferably within
a period of three months from the date of production of a certified copy of
that order.
4. The learned counsel appearing for the second and third
respondents submitted that now the enquiry is pending in respect of the
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C.R.P.(NPD)No.3718 of 2018
appointment of Executive Officer to look after the landlord trust. In the
meanwhile, the tenant also filed another petition in RCOP.No.7 of 2019
before the Rent Controller, seeking permission to deposit the rent payable
by the tenant and the same was allowed by the fair and decreetal order dated
18.12.2020 and directed the tenant to deposit a sum of Rs.200/- as monthly
rent for the petition premises.
5. Of course, the tenant is bound to pay rent for the petition
premises. The petition premises is ad measuring 420 sq.ft., and the tenant is
running his electrical workshop. This Court directed the second and third
respondents to assess the approximate monthly rent for the petition
premises. Accordingly, the second and third respondents visited the petition
premises and submitted that the rent would be fixed at Rs.6,000/- per
month. Therefore, the rent which was directed to deposit by the tenant in
RCOP No.7 of 2019 is very meager for the petition premises.
6. Considering the above facts and circumstances, this Court is
inclined to pass the following orders :-
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C.R.P.(NPD)No.3718 of 2018
(i) The order dated 08.06.2018 passed by the learned Subordinate
Judge, Kancheepuram, in R.C.A.No.12 of 2012, is hereby set aside.
(ii) The tenant/petitioner is directed to deposit a sum of Rs.3,500/-
(Rupees three thousand five hundred only) as monthly rent for the petition
premises to the credit of RCOP No.7 of 2019 on the file of the Principal
District Munsif Court, Kancheepuram, from 01.08.2021 continuously
without fail, till the appointment of the Executive Officer to the landlord
trust.
(iii) The second and third respondents are directed to pass orders in
respect of the appointment of the Executive Officer to look after the
landlord trust, within a period of three months from today.
(iv) After appointment of the Executive Officer by the respondents 2
& 3 to look after the landlord trust, the said Executive Officer is permitted
to withdraw the rent deposited by the tenant in the credit of RCOP.No.7 of
2019 by filing proper applications.
(v) After appointment of the Executive Officer for the landlord trust,
it is open for the Executive Officer to proceed as against the tenant for
eviction proceedings, if so advised.
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C.R.P.(NPD)No.3718 of 2018
7. With the above directions, this Civil Revision Petition stands
allowed. Consequently, connected miscellaneous petition is closed. There
shall be no order as to cost.
14.07.2021
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
rts
To
1. The Subordinate Judge,
Kancheepuram.
2. The Principal District Munsif,
Kancheepuram.
3. The Joint Commissioner,
HR & CE, RTO Road,
Sathuvachari,
Vellore – 9.
4. The Executive Officer,
HR & CE,
Arulmigu Egambaranathar Thirukovil,
Kanchipuram – 631 502.
5. The Section Officer,
V.R. Section,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD)No.3718 of 2018
G.K.ILANTHIRAIYAN, J.
rts
C.R.P.(NPD)No.3718 of 2018
and C.M.P.No.20706 of 2018
14.07.2021
https://www.mhc.tn.gov.in/judis/
