KISHINCHAND CHELLARAMS INDIA PVT LTD Vs. COMMISSIONER OOTACAMUND

JUDGEMENT

(1.) THIS writ petition has been filed seeking to issue a writ of certiorari to call for the records pertaining to the first respondent's impugned notice dated 4.5.2011 bearing Na.Ka.No.7003/2010/F2 and quash the same.

(2.) THE case of the petitioner is that his Company has taken on lease of the premises bearing Door No.39, Commercial Road, Ootacamund from one Abdul Rahman Sait during the year November, 1941. THE petitioner has since been in possession and enjoyment of the property. THE said Abdul Rahman Sait had conveyed the said property in favour of respondents 2 to 4 during the year June, 2006. Even after the purchase, the petitioner has been remitting the rent in favour of respondents 2 to 4. While the matter stood thus, respondents 2 to 4 filed eviction and fair rent petitions against the petitioner before the Rent Controller, Ootacamund.

(3.) THE further case of the petitioner is that the first respondent, at the instance of respondents 2 to 4, issued a notice to the petitioner on 4.5.2011 by referring to the order dated 27.4.2011 passed by this Court in W.P. No.7454 of 2011 and stated that this Court has permitted the landlord to demolish the said property and hence the first respondent has advised the petitioner to get permission from the first respondent to break the seal and remove the things within 24 hours, failing which the first respondent would remove the things and demolish the said property. Hence the petitioner is constrained to file the present writ petition seeking for the relief cited supra.