B SATYANARAYANAN Vs. CHIEF METROPOLITAN MAGISTRATE

JUDGEMENT

(1.) Aggrieved by an order made in Crl.MP No.6801 of 2015 dated 27.04.2016, on the file of Chief Metropolitan Magistrate, Allikulam, Chennai, tenant of the property, mortgaged with Federal Bank Limited, has filed the instant Writ petition, for a certiorarified mandamus, to call for the records relating to the order dated 27.04.2016 made in Crl.MP.No.6801/2015 on the file of the Chief Metropolitan Magistrate, Chennai-3, to quash the same and to direct the Respondents 2 and 3, to refrain from evicting the petitioner and his family from the Flat No.D2, 4th Floor, Plot No.Z-2993, 13th Main Road, Shanthi Colony, Anna Nagar West, Chennai - 600 040 on the basis of the said impugned order without following procedure laid down for eviction of tenant under the Tamil Nadu Buildings Lease & Rent Control Act, 1960, based on the decisions of the Hon'ble Supreme Court in Harshad Govardhan Sondagar Vs. International Assets Reconstruction, (2014) 5 CTC 546 and Vishal N Kalsaria Vs. Bank of India & Others, (2016) 3 SCC 762,

(2.) After considering the provisions of SARFAESI Act, 2002, the Hon'ble Supreme Court in Harshad Govardhan Sondagar Vs. International Assets Reconstruction, (2014) 5 CTC 546, at paragraph No.21, held as follows:

(3.) By drawing the attention of this Court to paragraph Nos.29 and 30 of the judgment of the Hon'ble Supreme Court in Vishal N.Kalsaria Vs. Bank of India and Others, (2016) 3 SCC 762, learned counsel for the petitioner submitted that statutory tenants are entitled to protection under the Rent Control Act and in such circumstances, 2nd respondent Bank or anyone acting on their instructions cannot forcibly evict the petitioner by resorting to any unlawful means. Paragraph Nos. 29 and 30 are extracted.