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Madras High Court · body

2017 DIGILAW 3525 (MAD)

R. Veeraiyan v. Joint Commissioner, Hindu Religious & Charitable Endowments Department

2017-11-01

R.MAHADEVAN

body2017
JUDGMENT : 1. By consent, this writ petition is taken up for final disposal at the stage of admission itself. 2. Mr.T.S.Mohamed Mohideen, learned Additional Government Pleader takes notice for the first & second respondents. Mr.M.Saravanan, learned Counsel takes notice for the third respondent. 3. The petitioner is before this Court, seeking a Writ of Certiorarified Mandamus, to quash the impugned order of the first respondent dated 17.02.2017, by which the petitioner was directed to vacate the premises within 30 days. 4. The case of the petitioner is that he is a tenant under the third respondent and with his permission, the petitioner had also constructed a super structure for residential purpose on the property. While so, the third respondent has filed a petition before the first respondent for eviction, as if the petitioner is an encroacher and defaulted in payment of rent. Though the petitioner has been paying the rent regularly, without any notice regarding fixation of fair rent, the first respondent has passed the impugned order of eviction. Hence, aggrieved by the same, the petitioner is before this Court. 5. When the matter is taken up for hearing, the learned Counsel for the petitioner submitted that the petitioner has remitted the entire arrears of rent and has produced a copy of the Demand Draft. 6. The learned Counsel for the third respondent, on the other hand, sought time to verify the same and has, on instructions, further submitted that if the petitioner regularly pays the rent or the enhanced rent whatsoever to be fixed by the authorities without any default, he would be permitted to continue. In reply to the above, the learned counsel for the petitioner would submit that the petitioner undertakes to hereafter pay the monthly rent as directed by the authorities concerned without default. 7. Recording the undertaking given by the petitioner and also taking into consideration the submission of the learned Counsel for the third respondent, this writ petition is disposed of, directing the petitioner to remit the monthly rent / enhanced rent to be fixed by the authority, without any default. Pursuant to the undertaking given by the petitioner, the respondents are directed to drop all other proceedings pending against the petitioner. Pursuant to the undertaking given by the petitioner, the respondents are directed to drop all other proceedings pending against the petitioner. However, it is made clear that in the event of the petitioner committing any default in compliance of remittance of monthly rent, it is open to the respondents to evict the petitioner forthwith. No costs. Consequently, connected miscellaneous petition is closed.