Petitioner challenged Resolution No. 88 regarding lease renewal and rent enhancement. Court held further adjudication unnecessary due to twelve-year lapse and circumstances having changed. Dismissed writ petition as unnecessary.
The writ petition challenging Resolution No. 88 was dismissed with no costs due to unnecessary further adjudication.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.05.2017
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
W.P.No.15868 of 2004
Gudiyattam Municipality Shop Merchants Welfare Association, Rep. by its Secretary N.A.Sambandan, No.11A, Kadai Veethi, Tharanampettai, Gudiyatham 632 602, Vellore District. ...Petitioner -Vs1.Mrs.T.Puviarasi 2.The Commissioner, Gudiyatham Municipality, Vellore. ...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari to call for the records relating to the impugned resolution No.88 passed on 31.05.2004 by the first respondent herein and quash the same.
For Petitioner : Mrs.Rita Chandrasekar For Respondents : Mrs.R.Gandhimathi for R1 Mr.R.Venkatesan for R2. O R D E R
The relief sought for in this writ petition is to quash the resolution No.88 passed by the first respondent on 31.05.2004.
2.The entire controversy in this writ petition is relating to the renewal of the lease period from 01.04.2003 to 31.03.2006.
3.The enhancement of rent issued through the resolution by the first respondent was under challenge. However, the entire controversy relates to the renewal of the lease period from 01.04.2003 to 31.03.2006 and now after a lapse of thirteen years, the factual circumstances and the resolution passed by the first respondent, which have undergone many changes and revisions and accordingly further adjudication in this writ petition becomes unnecessary. Hence, the writ petition stands dismissed. No costs.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
cla
To
The Commissioner,
Gudiyatham Municipality,
Vellore.
W.P.No.15868 of 2004
MB(CO)
RS(26/05/2017)
Gudiyattam Municipality Shop Merchants Welfare Association, Rep. by its Secretary N.A.Sambandan
Mrs. T. Puviarasi
The Commissioner, Gudiyatham Municipality, Vellore
S.M. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
