R T THATHACHARI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE prayer in the writ petition is to issue a writ of certio rarified mandamus or any other appropriate writ, order or direction in the nature of a writ of certiorarified Mandamus or any other appropriate writ, order or direction in the nature of a writ of certiorarified mandamus calling for the records comprised in the proceedings of the 2nd respondent dated 6. 5. 1988 in K. 5/15916/87 and quash the proceedings and consequently, direct the respondents to order the release of the premises bearing Door No. 135, Eldams road, Teynamepet, Madras-18 for the occupation of the 2nd petitioner and pass such further or other orders.

(2.) THE necessary facts which could be gathered from the affidavit of the 1st petitioner for the purpose of disposal of the writ petition are, the 1st petitioner and his daughter, the 2nd petitioner, are in joint owners of the property bearing Door No. 135, Eldams Road, Teynampet, madras-18. It is submitted on behalf of the petitioners that during the pendency of the writ petition, the 1st petitioner died on 2. 3. 1991. Learned advocate for the petitioners filed a memo to that effect into court to day and the same is recorded.

(3.) LEARNED advocate for the petitioners took me through the provisions of Section 3 (A) (1) (a) of the Act, which reads as follows:- * A landlord may apply to the authorised officer for the release of a building in respect of which a notice has been given under sub-section (1) of Section 3 or in respect of which, the Government are, under sub-Section (5) of Section 3, deemed to be the tenant if. (a) in the case of a residential building, the landlord requires it for his own occupation or for the occupation of any member of his family and the landlord or the member of his family is not occupying any residential building of his own in the city town or village concerned.'