M.Paraman vs. The State Bank Of INDIA

Facts

These three writ petitions were filed by M. Paraman, P. Bose, and P.V. Vijayaprakash seeking a writ of mandamus to prevent the first respondent, the State Bank of India, from evicting them from their respective shop premises without following the procedure under the Tamil Nadu Buildings (Lease and Rent Control) Act. The petitioners were tenants in buildings owned by the second respondent, M. Palanikumar. The petitions were filed in 2014. The tax period is not specified. The core issue revolves around the eviction procedure from the leased premises.

Held

The Court noted that there was no representation for the petitioners. The learned counsel for the second respondent (owner) submitted that the loan due to the first respondent (Bank) had been paid. Consequently, the Court held that nothing further survived for adjudication in these writ petitions. Based on this submission, the Court decided that the writ petitions stood closed. The reasoning was that the underlying cause for potential eviction, presumably related to the Bank's dues, had been resolved. Therefore, the procedural challenge under the Tamil Nadu Buildings (Lease and Rent Control) Act became moot. No specific finding was given on the applicability of the Act to the Bank's actions, as the matter was disposed of on the basis of the payment.

Key Issues

1. Whether the eviction of the petitioners from the leased premises by the first respondent (State Bank of India) is liable to be set aside for non-adherence to the procedure contemplated under the Tamil Nadu Buildings (Lease and Rent Control) Act? (Question of law). The petitioners argued that any eviction must comply with the specific provisions of the Tamil Nadu Buildings (Lease and Rent Control) Act. The respondents' counsel submitted that the loan due to the first respondent (Bank) had been paid, rendering the writ petitions infructuous. No specific arguments were recorded for the petitioners regarding the payment of loan or the Bank's right to evict, beyond the procedural challenge.