MRD ELANGOVAN Vs. RECOVERY OFFICER

JUDGEMENT

(1.) THIS writ petition has been filed praying that this Court may be pleased to issue a Writ of Certiorarified Mandamus, to quash the warrant issued by the first respondent, dated 25.11.2013 and for a direction to the first respondent not to disturb the peaceful possession of the petitioner.

(2.) THE petitioner has contended that he is a lawful tenant at Door No.3/27, 'W' -Block, 1st Street, Anna Nagar, Chennai -40 and has been residing in the premises for the last three years, along with his family. It is further stated that the fourth respondent Bank had initiated proceedings against the 5th respondent, before the Debts Recovery Tribunal -I, Chennai, in O.A.No.137 of 2003, under Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as the RDDB & FI Act), to recover the loan dues and on the basis of the order, dated 4.4.2008, the property of the 5th respondent was sold and the sale was also confirmed, in favour of the third respondent, through the order of the first respondent, dated 31.8.2009. The petitioner further stated that the first respondent had issued a warrant, dated 25.11.2013, to take possession of the property, which is challenged in the present writ petition.

(3.) THE learned Senior counsel appearing for the petitioner contended that the petitioner is a statutory tenant and he cannot be evicted, without following the due process of law. It is further contended that as per Section 29 of the RDDB & FI Act, the provisions of the Second and Third Schedules to the Income -tax Act, 1961 and the Income -tax (Certificate Proceedings) Rules, 1962, as far as possible are applicable and so, as per Rule 41 of the Income Tax (Certificate) Proceedings) Rules, 1962, the petitioner is entitled for hearing, before he is evicted from the premises.