R A PURAM CORPORATION SHOPPING COMPLEX ASSOCIATION Vs. COMMISSIONER, GREATER CHENNAI CORPORATION, RIPPON BUILDINGS

JUDGEMENT

(1.) Challenge in this writ appeal, is to an order made in W.P.No.18837 of 2017, dated 27.11.2017, by which, the Writ Court, while dismissing the writ petition, observed that it is up to the appellant Association to accept the offer given by the Zonal Officer, Greater Chennai Corporation, Nungambakkam, Chennai, 3rd respondent herein, since their members have been in occupation of the premises for several years, failing which, the 3rd respondent shall go ahead with the auction. If there are any arrears and the members of the appellant Association want to continue with the enhanced rent amount, the arrears shall be paid within two months from the date of acceptance of the offer. In case the members of the appellant Association fail to give consent for payment of the enhanced amount of rent within one month, it will be open to the 3rd respondent to go ahead with the auction, and till such time the auction is announced, the members of the appellant Association may continue to function in the same place. Writ Court has further observed that as there is a possibility that the appellant Association may challenge the auction notice and continue to function in the same place on account of any litigation or interim order, in order to avoid such circumstances, Writ Court held that once the auction notification is published, the members of the appellant Association are deemed to have vacated the tenement and the respondents can enter the place with the help of police force, if required.

(2.) Short facts leading to filing of the instant writ appeal, are as follows:

(3.) Aggrieved over the same, appellant association preferred W.P.No.18837 of 2017, seeking a Writ of Mandamus, directing the responders therein to consider writ petitioner's representation dated 07.06.2017 and to receive 15% enhancement once in 3 years instead of 10% fixed earlier, from the members of the writ petitioner association after giving opportunity to the writ petitioner association.