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2016 DIGILAW 1236 (MAD)

J. Kader Mohamed Rafi v. Commissioner, Hindu Religious Charitable and Endowment Board

2016-03-22

B.RAJENDRAN

body2016
ORDER : The petitioner has filed this Writ Petition for a Writ of Certiorari to call for the records relating to the impugned order made by the first petitioner in RP.145/2015/B2 dated 12.01.2016 and the consequential impugned proceedings of the third respondent in Na.Ka.No. 1274/2014-2/A1 dated 18.02.2016 and the impugned notification issued by the third respondent in Na.Ka.No.65/2016/A4 dated 26.02.2016 and quash the same as illegal. 2. Heard the learned Senior Counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 and 2 and the learned Counsel appearing for the third respondent. 3. Today, when the matter is taken up for hearing, the learned Senior Counsel appearing for the petitioner fairly submitted that on earlier two auctions, which have been conducted, there were no bidders. But, his client will not be in a position to pay the amount of Rs.60,000/- (Rupees Sixty Thousand only) as rent and he is ready to vacate the shop if six months time is granted. He further submits that he is ready to file an affidavit to the effect that he will vacate and hand over the possession and he is also ready to pay the entire arrears, if any, as on date and he continues to pay the rent upto date. He further submits that he is also ready to pay Rs.5,000/- towards damages. 4. Whereas the learned Counsel appearing for the third respondent, on instructions, submitted that none participated in the auction and hence the respondents are in the process of fresh auction. 5. He further submits that he is also ready to pay Rs.5,000/- towards damages. 4. Whereas the learned Counsel appearing for the third respondent, on instructions, submitted that none participated in the auction and hence the respondents are in the process of fresh auction. 5. Taking into consideration the fact that in the auction, nobody has participated and it will take some time to conduct the public auction to be held due to the Assembly Elections and also considering the request of the petitioner that he has been doing the business for the past more than twelve years, this Court gives time to the petitioner upto 30th July 2016 to vacate and hand over the possession of the property subject to the following conditions: a) The petitioner shall file an affidavit of undertaking before this Court within a period of one week from today without awaiting the order copy that he will vacate and hand over the peaceful possession and without awaiting notice at the end of 30th July 2016; b) If there is any arrears of rent or any amount due and payable to the authority, the petitioner shall pay the same on or before 31.03.2016; c) Further, as per the undertaking, for damages, use and occupation of the property for the month of March to July 2016 (five months) the petitioner shall pay Rs.5,000/- per month on or before 5th of every succeeding months. Further, he will not sub-lease, or make any alteration or modification in the property or change the shop in any way. 6. It is made clear, that if the petitioner fails to comply with any of the above conditions or file the affidavit within a period of one week, the period will not be extended to the petitioner. It is further made clear that the petitioner shall adhere to the order and the time is essence of the entire order. In the meanwhile, it is made clear that the authorities may proceed with the fresh auction process, for the lease period commencing from 01.08.2016. If the petitioner is willing to participate in that auction, the petitioner is permitted to participate in the auction. 7. With the above directions, this writ petition is disposed of. No costs. Consequently, the connected Miscellaneous petitions are closed.