K PORUTHAMMAL Vs. ASSISTANT DIRECTOR DRUGS CONTROL

JUDGEMENT

(1.) WRIT petition filed under Article 226 of the Constitution of India praying for issuance of a WRIT of Certiorari as stated therein. The writ petition is filed challenging the proceedings of the second respondent dated 02.09.2002 and the consequential licence issued on 02.09.2002 in respect of M/s.Balaji Medicals at No.239/18-C Muthurenga Mudali Street, Tambaram West, Chennai 600 045.

(2.) THE petitioners are the owners of the premises bearing Door No.18-C, Muthurenga Mudali Street, Tambaram West, Chennai 600 045, and the writ petition is filed by the petitioners through their Power Agent. THE petitioners have purchased the above said property under sale deed dated 22.08.1997. Prior to their purchase, the third respondent was a tenant under the petitioners' vendor. In the premises, the third respondent was carrying on the business of pharmaceutical and druggist under the name and style, M/s.Balaji Medicals. After the purchase of property by the petitioners, they continued the tenancy with the third respondent and receiving rent at the rate of Rs.750/- per month through the previous owner.

(3.) THE third respondent in the counter affidavit has submitted that she has been running the medical shop in the name and style, "Balaji Medicals" from September,1986 and she was originally a tenant under Ronald Santhakumar and her family members are the owners of the property and the third respondent purchased the property under a registered document dated 20.05.2004. According to third respondent, she was not aware of the tussle between the petitioners and her vendor Ronald Santhakumar in the Court of law. According to the third respondent, the said Ronald Santhakumar has never given any letter, including the transfer of property in favour of the petitioners and ultimately, the shop has been sold to the third respondent by him and his family on 20.05.2004 under a registered sale deed.