Saturday 26 July 2014

HC orders compensation to illegally evicted tenant

Coming down on a house owner for the manner in which his tenant was thrown out of the premises even when a case was pending in a court, Madras High Court has directed him to pay Rs 50,000 as compensation. 

Passing orders on a petition by A Jagajodhi of Gudalur in Nilgris District, Justice B Rajendran said the petitioner and her family are entitled for the compensation of at least Rs 50,000 as they had been illegally thrown out of their rented house. 

"The right of persons who come to court cannot be allowed to end in an illegal manner", the Judge said referring to the petitioner's submission that they were illegally evicted while a suit filed by them on the issue was pending in a lower court. 



He also asked the authorities to implead the house owner, Kathirvel as party to the proceedings. 

The petitioner submitted that she and her family were living in a house opposite to the government school in Gudalur for several years. Owing to certain differences with the school headmaster, her husband had lodged a complaint against him with the local police. 

A little later, her house owner tried to evict her due to some outside pressure. She filed a civil suit before a local court as pleas for extension of time were turned down by him. 

Even while the suit was pending, the house owner had thrown out all her belongings into the street and the police inaction despite complaints forced her to file the present case in the high court. 

Denying the allegations, the house owner's son questioned the admissibility of the writ petition wherein his father had not been impleaded as party, saying Jagajodhi had moved the court to gain sympathy to her cause. 

Justice Rajendran, finding merit in the tenant's case, said her right had to be safeguarded. 

Pointing out the police statement that the articles thrown out by the house owner had been deposited in the civil court as court property, he said "It is evident from the counter filed by the Gudalur police that the household articles had been thrown out by G Kathrivel.
Print Page

No comments:

Post a Comment