Madras High Court
V.Mahalingam vs The Principal District Judge on 9 June, 2021
W.A.(MD)No.1126 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1126 of 2021
and
C.M.P.(MD).No.4931 of 2021
V.Mahalingam : Appellant / Writ Petitioner
Vs.
1. The Principal District Judge,
O/o. The Principal District Court,
Madurai District Court Campus, Madurai.
2. The Chief Administrative Officer,
Principal District Court, Madurai District.
3. Vijaya Rajan
4. P.Muruganatham
5. K.Palaniyappan
6. V.Subramaniyan
7. K.Vidya Sekar
8. D.Rajesh : Respondents / Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to
set aside the order dated 24.01.2018 in W.P.(MD)No.16063 of 2017, on the file
of this Court.
For Appellant : Mr.T.Lajapathi Roy
For R-1 : Mr.N.Tamil Mani
For R-2 : No Appearance
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W.A.(MD)No.1126 of 2021
JUDGMENT
***************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
With the consent on either side, this Writ Appeal is taken up for final
disposal. In the light of the orders we propose to pass in the Writ Appeal, notice
to the respondents 3 to 8 is dispensed with.
2. This Writ Appeal has been filed against the order, dated 24.01.2018
passed in W.P.(MD).No.16063 of 2017.
3. The appellant, who was a practising Advocate in the District Court,
Madurai and who is now no more, sought for quashing the order passed by the
first respondent, dated 12.07.2017, cancelling the allotment of the Chamber in
the District Court Complex in Chamber No.19. The Writ Petition has been
dismissed by the impugned order and it appears that there was a huge arrears of
rent payable by the deceased appellant.
4. The learned counsel appearing for the appellant submitted that
during the pendency of this appeal, the arrears of rent have been paid. In this
regard, the learned counsel appearing for the respondents does not have any
instructions.
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W.A.(MD)No.1126 of 2021
5. Heard Mr.T.Lajapathi Roy, learned counsel appearing for the
petitioner and Mr.N.Tamil Mani, learned counsel appearing for the first
respondent.
6. Be that as it may, since the appellant is no more, it is not necessary
to test the correctness of the impugned order. However, we can observe that if
there is arrears of rent payable for the Chamber, then, it goes without saying that
the competent Authority is entitled to take action for cancellation of the
allotment and calling upon the allottee to vacate the Chamber and if the allottee
does not vacate, action can be initiated for eviction. In the instant case, the
appellant has been vacated from the Chamber and we are informed by the
learned counsel for the respondent that some other learned Advocate has been
allotted as a co-allottee in the said Chamber and he is an occupant since 2017.
7. The learned counsel appearing for the appellant submitted that the
son of the appellant is also an Advocate, who is practising in the District Court,
Madurai and he is desirous of seeking allotment in the same Chamber and some
of the co-allottees are willing to recommend his application. The son of the
appellant cannot seek for substitution of his name in the place of his father
whose allottment has already been cancelled. The son of the appellant being an
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W.A.(MD)No.1126 of 2021
independent legal practitioner, has to make an application in accordance with
the Guidelines / Rules duly recommended by the main allottees / co-allottees,
which will be considered in accordance with the Rules. Therefore, while
confirming the order passed in the Writ Petition, we give liberty to the
appellant's son to make an application in accordance with the Rules, which shall
be considered by the respondents.
8. The Writ Appeal stands dismissed with the above observations.
There shall be no order as to costs. Consequently, the connected miscellaneous
petition is also dismissed.-
[T.S.S., J.] & [S.A.I., J.]
09.06.2021
Index : Yes / No
Internet : Yes / No
tsg/pkn
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1126 of 2021
Note: In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized
for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy,
shall be the responsibility of the advocate/litigant
concerned.
To
1. The Principal District Judge,
O/o. The Principal District Court,
Madurai District Court Campus, Madurai.
2. The Chief Administrative Officer,
Principal District Court, Madurai District.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1126 of 2021
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
tsg/pkn
JUDGMENT MADE IN
W.A.(MD)No.1126 of 2021
and
W.M.P.(MD).No.4931 of 2021
Dated :
09.06.2021
https://www.mhc.tn.gov.in/judis/
