LAWS(MAD)-2008-10-307

PREMA Vs. REVENUE DIVISIONAL OFFICER

Decided On October 14, 2008
PREMA Appellant
V/S
REVENUE DIVISIONAL OFFICER Respondents

JUDGEMENT

(1.) HEARD both sides.

(2.) ANIMADVERTING upon the order dated 12.10.2007 passed by the Revenue Divisional Officer, this writ petition is focused on various grounds; the warp and woof of them could pithily and precisely be set out thus: The petitioner is a tenant of the premises bearing Door No.91/1, Trunk road, Thiruvaanikovil, Tiruchirapalli -5. The landlord under whom, she entered into the premises, died and thereupon there was a doubt on the part of the petitioner as to who was entitled to receive the rents; whereupon the petitioner thought fit to invoke Section 9(3) of the Tamil Nadu Buildings (Lease and Rent Control), Act, 1960 and accordingly filed application before the Revenue Divisional Officer, Tiruchirapalli, who is the authorized officer under Section 9(3) of the said Act, for receiving the deposit of rents. However, the Revenue Divisional Officer by his impugned order dated 12.10.2007 refused to receive the said deposit on the ground that a civil suit in O.S.No.795 of 2004 filed by the petitioner herein for injunction was pending before the learned District Munsif, Tiruchirapalli and that one R.C.O.P. No.91 of 1986 between two persons, other than the petitioner was also pending.

(3.) BEING aggrieved by and dissatisfied with the said order, this writ petition has been focused on the ground that the Revenue Divisional Officer was not justified in refusing to receive the amount and he ought to have received it.