ANUPAM ENTERPRISES Vs. COMMISSIONER

JUDGEMENT

(1.) The prayer in the writ petition is for issuance of a Writ of Mandamus to direct the respondents 1 and 2 to forthwith forbear the 3rd respondent, their men and agents from in any manner proceeding with the demolition or any other related activities in respect of the premises bearing Door No.749A, Ground Floor, Annasalai, Chennai, until and unless the petitioner is evicted by following due process of law.

(2.) The case of the petitioner is that the petitioner-Firm is a tenant under the 3rd respondent in respect of the entire ground floor portion in Door No.749A, Ground Floor, Annasalai, Chennai and the petitioner is paying monthly rent of Rs.45,000/-. The 3rd respondent filed an eviction petition in RCOP.No.950 of 2016 against the petitioner on the ground of willful default and for demolition and re-construction. In the eviction proceedings, trial commenced on 10.07.2017 and when the eviction petition was posted for cross-examination of PW1, due to his absence, the eviction petition was dismissed for default on 04.10.2017.

(3.) The petitioner would allege that there are 3 other buildings connected together and after dismissal of the RCOP, the building bearing Door Nos.749, 750 and 751 have been demolished and the 3rd respondent started demolishing the others portions in Door No.749A.