No need to pass further orders when the Corporation has already answered to the apprehensions of the tenant who is being asked to evict: Madras High Court
The Madras High Court passed a judgement on 24th of April, 2023 where it was disposed of with no further orders as the apprehensions of the petitioner were already answered by the Corporation. This was seen in the case of P. Parasuraman v. The Government of Tamil Nadu and Ors. (Writ Petition No.12394 of 2023 and W.M.P.Nos.12238 & 12239 of 2023) and the case was presided over by The Honourable Mr. Justice N. Anand Venkatesh
FACTS OF THE CASE:
The petitioner is a lawful tenant of the property and he is running a business. He was asked to evict the property and handover possession by the landlord and was told that the Corporation wanted to proceed with the same. The tenant filed a suit for peaceful possession and enjoyment of the property.
The landlord during this time approached the Corporation and requested them to demolish the building as it was in a dilapidated condition endangering public safety. The buildings next to it were already demolished. The Corporation thus wanted the tenant to evict and handover possession. Thus, this petition by the tenant.
JUDGEMENT:
The petitioner had prayed for an issue of a Writ of Certiorari calling for the records pertaining to the notice sent. The Corporation after learning about the suit already filed, took the decision to keep the impugned notice in abeyance and not act upon the same. They also assured the tenant that they would get a stability certificate from the Public Works Department in order to take a decision on the demolition of the building.
The learned single judge after listening to the contentions of both parties, established that there was no need to pass further orders when the Corporation has already answered to the apprehensions of the tenant in detail and with clarity. Hence, the petition was disposed of.
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JUDGEMENT REVIEWED BY SWETA SHOUMYA