Allowed

R.Gowshik, S/O.Devadoss, v. the Executive Officer

Madras HC5 Jul 2011WP(MD)/7167/2011

Case brief

AI extract

What is this about?

The Madras High Court allowed the petitioner, a Parliamentarian tenant, to join a new auction for a temple shop subject to depositing the earnest money and paying the alleged arrears of rent under protest to clear the default filing barriers.

What did the court decide?

The petitioner must tender Rs.15,000 as earnest money and deposit Rs.3,500 towards alleged arrears under protest to issue the tender form for the auction.

R.Gowshik, S/O.Devadoss, Vs the Executive Officer — Property and Title | Madras HC (2011)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 05.07.2011

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C O R A M

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THE HONOURABLE MR.JUSTICE R.SUDHAKAR

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W.P.(MD)No.7167 of 2011 and M.P(MD)No.1 of 2011

R.Gowshik

...Petitioner

1.The Executive Officer, Arulmigu Edumban Kovil, Sivagiripatty (Palani), Arulmigu Vigneswara Vagayara Thirukovil Old Ayakudi (Joined), Palani, Dindigul District.

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2.The Managing Trustee, Arulmigu Edumban Kovil, Sivagiripatty (Palani),

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Arulmigu Vigneswara Vagayara Thirukovil

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Old Ayakudi (Joined), Palani,

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Dindigul District.

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3.The Commissioner,

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Hindu Religious and Charitable

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Endowment Board,

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Fort St. George, Chennai.

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... Respondents

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Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents to receive the Demand Draft taken by the petitioner for Rs.15,000/- in the name of the first respondent and receive Rs.1,100/- from the petitioner towards the rent agreement form and permit the petitioner to participate in the auction to be held for the lease of Shop No.3 in the premises of Arulmigu Edumban Thirukovil, Sivagiripatty, Palani Taluk, Dindigul District.

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For Petitioner ... Mr.D.Selvaraj

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For Respondents ... Mr.R.Anandharaj,

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Govt.Advocate

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ORDER

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The petitioner has come up with the present writ petition to direct the respondents to receive the Demand Draft taken by the petitioner for Rs.15,000/- in the name of the first respondent and receive Rs.1,100/https://hcservices.ecourts.gov.in/hcservices/ from the petitioner towards the rent agreement form and permit the petitioner to participate in the auction to be held for the lease of Shop

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No.3 in the premises of Arulmigu Edumban Thirukovil, Sivagiripatty, Palani Taluk, Dindigul District.

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Heard the learned Counsel appearing for the petitioner and Mr.R.Anandharaj, learned Government Advocate for the respondents.

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By consent, the main writ petition itself is taken up for final disposal.

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The learned Counsel for the petitioner submits that he is in occupation of the temple shop No.3 under the control of the first respondent – the Executive Officer and that he has the right to remain in the shop upto 31.05.2011 and that there is no arrears of rent. He further submits that a fresh tender has been called for the allotment of the shop No.3 by virtue of tender notifications dated 18.02.2011 and 14.05.2011 and that for whatever reason, the auction has not been conducted.

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At present, according to the petitioner, the auction is to be held on 06.07.2011. The petitioner also relies upon the Demand Draft dated 30.05.2011 drawn in favour of the first respondent for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to state that the authority is refusing to receive the Earnest Money Deposit so as to enable the petitioner to participate in the auction. Hence, the present writ petition has been filed to direct the respondents to receive the Demand Draft and permit the petitioner to participate in the auction to be held on 06.07.2011 in respect of Shop No.3.

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Mr.R.Anandharaj, learned Government Advocate for the respondents, on instructions, submits that the petitioner is in default for a period of four months in the year 2009 and that a show cause notice has been issued on 15.10.2009 and that the said amount remains to be paid. However, this fact is disputed by the petitioner.

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The learned Government Advocate points out that as per clause 3 of the tender notification, the petitioner will not be entitled to participate in the auction as there are arrears of rent. However, if the petitioner undertakes to pay the amount under protest and show the proof of discharging of past liabilities, this Court may consider to grant appropriate relief so as to enable the petitioner to participate in the tender to be held on 06.07.2011.

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The petitioner in this case, cannot, as a matter of right, seek to participate in the auction if he is a defaulter. However, in the auction that is to be held on 06.07.2011, the petitioner will be entitled to participate along with the other bidders subject to the following conditions:

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(i) The petitioner shall tender a sum of Rs.15,000/- (Rupees Fifteen Thousand only) as per the tender notification before the time stipulated, to the first respondent;

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(ii) The petitioner shall deposit a sum of Rs.3,500/- (Rupees Three Thousand and Five Hundred only) as deposit with the first respondent towards the arrears of rent claimed by the respondents, without prejudice https://hcservices.ecourts.gov.in/hcservices/ to the petitioner's contention that he is not liable to pay that amount as arrears of rent and resolve the claim as per law; and

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(iii) On the petitioner's compliance with the above said conditions, the first respondent shall issue the tender form so as to enable the petitioner to participate in the auction to be held on 06.07.2011.

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The writ petition is disposed of in the above terms. Consequently, the connected Miscellaneous Petition is closed. No costs. rsb Sd/Assistant Registrar[CO] /True copy/ Sub Assistant Registrar To: 1.The Executive Officer, Arulmigu Edumban Kovil, Sivagiripatty (Palani), Arulmigu Vigneswara Vagayara Thirukovil Old Ayakudi (Joined), Palani, Dindigul District. 2.The Managing Trustee, Arulmigu Edumban Kovil, Sivagiripatty (Palani), Arulmigu Vigneswara Vagayara Thirukovil Old Ayakudi (Joined), Palani, Dindigul District. 3.The Commissioner, Hindu Religious and Charitable Endowment Board, Fort St. George, Chennai. +1 cc to Mr.D.Selvaraj, Advocate SR.No.21746. W.P.(MD)No.7167 of 2011 and M.P(MD)No.1 of 2011 Dated:05.07.2011 3P/5C RPB 05.07.2011[I.T.]

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https://hcservices.ecourts.gov.in/hcservices/

R.Gowshik, S/O.Devadoss, v. the Executive Officer

Case brief

What is this about?

What did the court decide?

R.Gowshik, S/O.Devadoss, v. the Executive Officer

Case brief

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What did the court decide?

What the court decided

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