Madras High Court
Sri Mookambikai Enterprises vs The District Collector on 12 February, 2025
Author: Anita Sumanth
Bench: Anita Sumanth
2025:MHC:381
W.A.No.3352 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.02.2025
CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
and
THE HONOURABLE MR.JUSTICE C. KUMARAPPAN
Writ Appeal No.3352 of 2023 and
CMP.No.13815 of 2024 and
CMP.Nos.27348 & 27352 of 2023
Sri Mookambikai Enterprises
Rep by its Managing Partner,
K.Indrani,Gandhi Road, Krishnagiri. .. Appellant
vs
1.The District Collector
Krishnagiri district
Ramapuram-635 115.
2.Krishnagiri Development Corporation Limited,
Rep by its Managing Director and Project Officer,
Collector's office Building,
Krishnagiri – 636 705. .. Respondents
Prayer : APPEAL filed under Clause 15 of the Letters Patent against
order dated 01.11.2021 passed in W.P.No.8771 of 2015 on the file of this
Court.
For Appellant : Mr.R.Sagadevan
For Respondents : Mr.R.Ramanlal,
Additional Advocate General
assisted by
Mr.M.Murali, Government Advocate
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1/7
W.A.No.3352 of 2023
JUDGMENT
(Delivered by Dr.ANITA SUMANTH.,J)
Read this order in continuation of and in conjunction with our
earlier order dated 03.02.2025, which reads as follows:
'Heard Mr.Sagadevan, learned counsel for the
appellant and Mr.Ramanlal, learned Additional Advocate
General assisted by Mr.Murali, learned Government
Advocate for the respondents in the Writ Appeal.
2. We are of the view that the Writ Appeal could be
closed at this juncture, as a quietus seems imminent. The
parties agree that :
(a) the property at Anna Gandhi Mani Mandapam @
Apsara Theatre, Gandhi Road, Pazhayapettai, Krishnagiri –
635 001 Survey Nos.716 to 718/2 New No.C/10-119) of
Boganapally Village, Railway Colony, Krishnagiri (in short
'subject property') can be offered in public auction and the
appellant may be permitted to participate in the same.
(b) If the appellant is found to be the highest bidder,
nothing further need be done.
(c) If the appellant is not the highest bidder, he will be
permitted to make a bid matching the highest bidder.
(d) Once the above aspect is decided one way or the
other, the appellant would either continue in possession of
the property or in the alternative exit the property within a
period of one (1) week from the date of confirmation of the
highest bidder.
3. As regards the arrears of rent, we find that the
order of the Division Bench granting stay of the impugned
order of the Writ Petition is dated 30.11.2023, on which
date, the lease for the subject property had also expired.
4. On 08.12.2023, the appellant has made a
representation seeking grant of temporary licence in order
that he continue to operate the theatre. Though received, the
second respondent has not chosen to act on the same. Hence,
we are of the prima facie view that this aspect should have a
bearing on the respondents while deciding the request of the
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appellant for waiver of the rents between the period between
November, 2023 till date.
5. List on 12.02.2025. Let an affidavit and memo be
filed by the parties confirming the aforesaid by then with a
copy served in advance on the other side.'
2.Today, affidavits are filed by both parties. As far as the
appellant is concerned, they have, vide affidavit dated 10.02.2025
acceded to participation in the auction. They also confirm that, should
their bid not be the highest, they would make an attempt to match the
highest bid received in the auction. On the aspect of arrears, they submit
that the claim of rent for the period when the theatre was closed, is not
sustainable.
3.As far as the respondents are concerned, the District Collector
has filed an affidavit dated 10.02.2025. At paragraphs 2 to 6, he states as
follows:
'2. I submit and undertake that as per the orders of
the Hon'ble Division Bench in the above Writ Appeals,
the property at Anna Gandhi Mani Mandapam @ Apsara
Theatre Gandhi Road, Pazhayapettai, Krishnagiri-
635001 Survey Nos.716 to 718/2 New No.C/10-119) of
Boganapally Village, Railway Colony, Krishnagiri will be
offered in public auction and the Appellant will be
permitted to participate in the same.
3. I submit and undertake that if the appellant is
found to be the highest bidder, he will be selected as the
successful bidder and further action will be taken to lease
the property to the Appellant if he comply with the post
tender conditions prescribed in the tender conditions.
4. I submit and undertake that if the appellant is not
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the highest bidder, he will be permitted to make a bid
matching the highest bidder and if the appellant accept
for the same he will be given lease of the property if he
comply with the post tender conditions prescribed in the
tender conditions.
5. I submit and undertake once the tender is
finalised and if the appellant is the highest bidder or if he
accepts to make a bid matching the higher bidder he
would be allowed to continue in possession of the
property provided he comply with the post tender
conditions prescribed in the tender conditions.
6. I submit and undertake that if the appellant is not
the higher bidder or if he do not come forward to make a
bid matching the highest bidder, he have to exit the
property within a period of one week from the date of
confirmation of the highest bidder.'
4.Recording the above, there is a direction to conduct the auction
within a period of six (6) weeks from date of receipt of this order. As
undertaken by both parties, the appellant shall be permitted to participate
in the auction, if he complies with the terms of the auction notice. If he
is the highest bidder, he shall be so selected. Else, he shall be given an
opportunity to match the highest bidder.
5.In the event that he is neither the highest bidder nor does he
match the highest bid, it is made clear that he would have to exit the
property within a period of one week from date of confirmation of
highest bid.
6.Coming to the arrears of rent, a sum of Rs.13,33,696/- is due and
payable by the appellant, according to the respondent. According to the
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appellants, there are no dues from its side. This is thus a matter
involving disputed facts, that would be best left to the authorities to
decide. If it is the case of the appellant, that it is not liable to pay the
aforesaid amount, let a representation be made in this regard and such
representation, if made within a period of one week from today, will be
disposed by the respondents within a period of three weeks thereof after
hearing the appellants and in accordance with law.
7.To be clarified that the settlement of the arrears once quantified,
would be a pre-condition for the grant of the licence, should the
appellants be successful in the auction.
8.As nothing further survives in this appeal, this writ appeal is
closed. No costs. Connected miscellaneous petitions are also closed.
[A.S.M., J] [C.K., J]
12.02.2025
vs
Note:Upload this order on 13.02.2025.
Index:Yes
Speaking order
Neutral Citation:Yes
To
1.The District Collector
https://www.mhc.tn.gov.in/judis
Krishnagiri district
Ramapuram-635 115.
2.Krishnagiri Development Corporation Limited,
Rep by its Managing Director and Project Officer,
Collector's office Building,
Krishnagiri – 636 705.
https://www.mhc.tn.gov.in/judis
DR. ANITA SUMANTH,J.
and
C. KUMARAPPAN.,J
vs
Writ Appeal No.3352 of 2023 and
CMP.No.13815 of 2024 and
CMP.Nos.27348 & 27352 of 2023
12.02.2025
https://www.mhc.tn.gov.in/judis
