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2013 DIGILAW 911 (MAD)

Amman Medicales Rep. By Partner S. Karthika v. Commissioner Erode Municipal Corporation

2013-02-13

M.JAICHANDREN

body2013
Judgment 1. Heard the learned counsel appearing for the petitioner, as well as the learned counsel appearing on behalf of the respondent. 2. It is stated that the respondent municipal corporation had constructed a row of shops in the bus stand shopping complex, Surampattivalasu, Erode. Shop No.1 had been allotted to R. Mani, a partner of Sri Amman Medicals, for a monthly rental amount of Rs.1,000/-, which had been increased to Rs.1150/-, subsequently. Even though the rental amount had been paid by the lessee, regularly, the respondent had locked and sealed the premises in question, without following the due procedures established by law. 3. Today, when the matter was taken up for hearing, the learned counsel appearing on behalf of the respondent municipal corporation had submitted that an amount of Rs.18,500/- is due from R. Mani, the lessee of the shop in question, as arrears of rent. He had also submitted that a further sum of Rs.18,300/-had been received by the respondent municipal corporation, by way of a demand draft, bearing No.743737. He had further submitted that on the payment of the balance amount of Rs.200/-, the lock and the seal would be removed and the possession of the shop in question would be handed over to R. Mani, the lessee or to his authorized representative. 4. In reply, the learned counsel appearing on behalf of the petitioner had submitted that the balance amount of Rs.200/- would be paid to the respondent municipal corporation, without any delay. On such payment being made this Court may direct the respondent municipal corporation to remove the lock and seal and to hand over possession of Shop No.1 in the bus stand shopping complex, Surampattivalasu, Erode, to R. Mani or to his authorised representative. 5. In view of the submissions made by the learned counsels appearing on behalf of the petitioner, as well as the respondent, the respondent municipal corporation is directed to hand over possession of the shop in question to R. Mani or to his authorised representative, forthwith, on payment of the balance amount of Rs.200/-. The writ petition is ordered accordingly. No costs. Consequently, connected miscellaneous petition is closed.