The Commissioner vs Dheenadhayalan
2022 Latest Caselaw 1388 Mad

                                                                          W.A(MD)No.21 of 2022


                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 28.01.2022

                                                        CORAM :

                     THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
                                            and
                           THE HONOURABLE MRS.JUSTICE S.SRIMATHY

                                                  W.A(MD)No.21 of 2022
                                                          and
                                                 CMP(MD)No.525 of 2022

                     The Commissioner,
                     Madurai Corporation.
                     Aringar Anna Maligai,
                     Madurai.                                                  ... Appellant
                                                           vs.

                     Dheenadhayalan                                            ... Respondent


                                  Appeal filed under Clause 15 of Letters Patent, against the
                     order dated 12.01.2022 passed in W.P(MD)No.761 of 2022.


                                     For Appellant       : Mr.R.Murali
                                     For Respondent      : Mr.S.Sukumar


                                                       JUDGMENT

(Judgment of the Court was made by PUSHPA SATHYANARAYANA, J.)

The Writ Appeal is directed against the order dated

12.01.2022 passed in W.P(MD)No.761 of 2022.

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2. The order impugned is the interim relief granted to the

writ petitioner who was in occupation of a shop in Block No.3, Rani

Mangammal Chatiram, North Veli Street, Madurai. The said shop

which was in possession of the writ petitioner was locked by the

Madurai Corporation, the appellant herein, for default in payment of

rent. By an interim order, this Court had permitted the writ

petitioner to remove the accessories and mobile phones which he

has been dealing with in the said premises within a period of three

hours on 13.01.2022. The abovesaid order was passed in the

presence of both the counsels.

3. The only grievance of the appellant is that the writ

petitioner is in arrears of rent to the tune of Rs.91,94,046/- upto

January 2022. Therefore, he should not be allowed to remove the

articles as the same would jeopardise the interest of the

Corporation.

4. As the Corporation has already sealed the premises for

the default in payment of rent, it is open to the Corporation to

recover the arrears in a manner known to law. No prejudice will be

caused by allowing the writ petitioner to remove his articles inside

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the premises. Merely because the articles are mobile phones and

accessories which are imperishable goods, the appellant cannot

detain them by crippling the business of the petitioner. However, we

make it very clear that it is open to the Corporation to recover the

arrears of rent from the writ petitioner in the manner known to law.

Besides, the writ petition is pending and the said aspects may be

agitated during the final hearing of the writ petition.

5. In the light of the above, the Writ Appeal is dismissed.

No costs. Consequently, connected miscellaneous petition is closed.

                                                           [P.S.N., J.]  &   [S.S.Y., J.]
                                                                     28.01.2022
                     Index             : Yes / No
                     bala

                     To

                     The Commissioner,
                     Madurai Corporation.
                     Aringar Anna Maligai,
                     Madurai.




                     Page 3/4

https://www.mhc.tn.gov.in/judis W.A(MD)No.21 of 2022

PUSHPA SATHYANARAYANA, J.

and S.SRIMATHY, J.

bala

JUDGMENT MADE IN W.A(MD)No.21 of 2022 DATED : 28.01.2022

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