Rajaram D Vs The Managing Director — Writ and Judicial Review | Madras HC (2025)

Rajaram D Vs The Managing Director — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions instead of the mandamus sought: parties to agitate their rights in pending O.S.No.43 of 2020; respondents to pay arrears of rent as on today into their existing rent-deposit account and thereafter deposit the amount to the credit of O.S.No.43 of 2020 before the Principal District Court, Kanniyakumari, once in 6 months with accrued interest, if any; the party found entitled may withdraw the amount subject to the outcome of the suit. No order as to costs.

Issue for consideration

Whether the respondents (Indian Overseas Bank officials) are liable to vacate and hand over possession of the petitioner's building (Door No.5/62 A, S.No.573/6 A, Nadaikavoo Panchayat) and its premises, and to pay arrears of rent and damages from January 2020. +2 more

Ratio / Principle

Since O.S.No.43 of 2020 is pending, it is not appropriate to issue any direction to the respondents to pay rent or to evict the premises for non-payment of rent; the parties are directed to agitate their rights before the pending suit and seek appropriate orders.

Key takeaways

On the rental aspect, the interest of all the parties is to be protected, and the Court finds no impediment for the respondents to pay the rent.ratio¶28
The respondents are directed to pay the arrears of rent as on today into the account already maintained by them for deposit of rent.ratio¶32
The bank is directed to deposit the said amount to the credit of O.S.No.43 of 2020 on the file of the Principal District Court, Kanniyakumari, once in 6 months, along with accrued interest, if any.

Detailed headnote1 paragraphs

Writ of mandamus under Article 226 filed by a landlord (D. Rajaram) against the Managing Director and Branch Manager of Indian Overseas Bank seeking vacation of possession of his building (Door No.5/62 A, S.No.573/6 A, Nadaikavoo Panchayat) together with arrears of rent and damages from January 2020. Title to the property is disputed between the petitioner's vendor and other legal heirs, and O.S.No.43 of 2020 (a declaration suit arraying the petitioner, the bank and the vendor) is pending before the Principal District Court, Kanniyakumari; the petitioner's earlier eviction suit O.S.No.201 of 2002 stood dismissed for default. Holding that no direction for eviction or adjudication of rent was appropriate while the title suit pends, the Court (Krishnan Ramasamy, J.) disposed of the writ petition, directing the parties to agitate their rights in O.S.No.43 of 2020. To protect the rental interest, the bank was directed to pay the arrears of rent as on today into its existing rent-deposit account and thereafter deposit the amount to the credit of O.S.No.43 of 2020 once in six months with accrued interest, if any; upon conclusion of the suit, the party found entitled to the property may withdraw the amount subject to its outcome. No costs.

W.P.(MD) No.5236 of 2023

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT

DATED: 15.12.2025

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY

W.P.(MD)No.5236 of 2023

D.Rajaram

... Petitioner

Vs

1.The Managing Director, Indian Overseas Bank, Central office, No.763, Annasalai, Chennai-2.

2.The Branch Manager, Indian Overseas Bank, Nadaikkavoo Branch, 63 D, Nadaikkavoo Main Road, Chethencode Post, Kanyakumari District-629 153. ... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to vacate the possession of petitioner's Building vide Door No.5/62 A in S.No. 573/6 A of Nadaikavoo Panchayat and the premises after paying arrears of rent and damages from January 2020.

For Petitioner : Mr.K.P.Narayanakumar For Respondents : Mr.N.Dilipkumar

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W.P.(MD) No.5236 of 2023

O R D E R

This Writ Petition is filed seeking a direction to the

respondents to vacate the possession of petitioner's Building vide Door No.5/62 A in S.No.573/6 A of Nadaikavoo Panchayat and the premises after paying arrears of rent and damages from January 2020.

2 . The learned counsel appearing for the petitioner would

submit that though the petitioner purchased the subject property through a sale dated dated 10.01.2020, there was a dispute with regard to the ownership of the property between his vender and the other legal heirs. He would fairly submit that in this regard, a suit in O.S.No.43 of 2020 is pending before the Principal District Court, Kanniyakumari. The said suit was filed seeking for a declaration and other reliefs against the petitioner, respondents bank as well as the petitioner's vendor. Since the respondents did not pay the rent, they are bound to hand over the vacant possession of the building and its premises to the petitioner with the arrears of rent and damages. Since the respondents have not turned up to hand over the vacant possession of the building and its premises, the petitioner has filed this Writ Petition.

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3. The learned counsel appearing for the respondents would

submit that the petitioner has also filed a suit in O.S.No.201 of 2002 for eviction and the same was dismissed for default. He further submits that a suit in O.S.No.43 of 2020 is also pending before the Principal District Court, Kanniyakumari, where the petitioner, the petitioners vendor and the respondents bank were also arrayed as defendants. He further submits that they are ready to pay the rent, but the rights of the parties will have to be decided.

4 . Considering the submissions made by both sides, this Court is of the view that since a suit in O.S.No.43 of 2020 is pending, it is not appropriate to issue any direction to the respondents to pay rent or to evict the premises because of non-payment of rent. Therefore, this Court directs the parties to agitate their rights before the pending suit in O.S.No.43 of 2020 and seek appropriate orders.

5. However, as far as the rental aspect is concerned, this Court is of the view that the interest of all the parties should be protected. Further, this Court finds that there is no impediment for the respondents to pay the rent. Therefore, this Court directs the respondents to pay the

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W.P.(MD) No.5236 of 2023

arrears of rent as on today in the account, which was already maintained by the respondents for deposit of rent and thereafter, the said bank is directed to deposit the said amount to the credit of O.S.No.43 of 2020 on the file of the Principal District Court, Kanniyakumari, once in 6 months along with accrued interest if any. Once the rights of the parties are concluded, the person, who are entitled to right over the property, is permitted to withdraw the said amount subject to the outcome of the suit.

6. With the above observations, this Writ Petition is disposed

of. There shall be no order as to costs.

15.12.2025

vsm Index : Yes/No NCC : Yes/No

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W.P.(MD) No.5236 of 2023

To

1.The Managing Director, Indian Overseas Bank, Central office, No.763, Annasalai, Chennai-2.

2.The Branch Manager, Indian Overseas Bank, Nadaikkavoo Branch, 63 D, Nadaikkavoo Main Road, Chethencode Post, Kanyakumari District-629 153.

3.The Principal District Judge, Kanniyakumar.

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W.P.(MD) No.5236 of 2023

KRISHNAN RAMASAMY, J.

vsm

W.P.(MD)No.5236 of 2023

15.12.2025

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