S. MISIRILAL Vs. THE ACCOMMODATION CONTROLLER

JUDGEMENT

(1.) In the year 1972, the petitioner made an application to the Accommodation Controller Madras, under Section 12(i)(b) of the Tamil Nadu Buildings (Lease and Rent Control) Act, I960 (here in after referred to as the Act) praying for the release of a building bearing No. 5 and situated in Kollamman Koil Street, Madras. That application was rejected through an order dated the 18th of December, 1972 passed by the Accommodation Controller on the ground that a similar application had been rejected by his predecessor in office on the 19th of March, 19/2 for the reason that the building was in a good condition. It is the said order dated the 18th of December 1972 by which the petitioner feels aggrieved and in this petition under Article 226 of the Constitution of India he prays that the Accommodation Controller be directed by a writ of mandamus to release the building under the said section of the Act.

(2.) The relevant portion of Section 12 of the Act is reproduced below :

(3.) For the reasons stated, the impugned order cannot be sustained and is hereby set aside. However, the relief sought by the petitioner cannot be granted to him, because it is for the Accommodation Controller to decide his application with reference to relevant considerations. Accordingly the Accommodation Controller is directed to decide the petitioner's application over again and expeditiously in the light of the observations made above and in accordance with law. The parties are left to bear their own costs.