The court disposed of a writ petition challenging the fixation of fair rent. Holding that a licensee cannot dispute a mutually accepted rent after entering possession, the court directed the petitioner to pay arrears within six months.
Petitioner directed to pay admitted arrears of rentals in six equal monthly installments within six months.
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 : 28.03.2022
CORAM
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ
W.P.NO.20984 OF 2011 AND M.P.NO.2 OF 2011
Subramani Chettiar
...Petitioner
Vs.
2.Project Officer cum Member Secretary, Dharmapuri District Socio Economic Development Society, Dharmapuri. ...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, to call for the records in impugned order dated 28.02.2011 bearing ref No:200/09/R-13, quashing the Demand of rent by 2nd respondent.
For Petitioner : M/s.K.N.Shanthi For Respondents : M/s.T.Venkatesh Kumar Special Government Pleader [R1] Mr.Jayaprakash Narayanan [R2]
O R D E R
The writ petitioner in this writ petition is a licensee of the shop portion allotted by the second respondent. The petitioner was asked to vacate the building for the purpose of renovation. He immediately approached this Court and the Hon'ble First Division Bench of this Court, in W.A.Nos.698 to 700 & 973 to 975 of 2009, by order dated 13.07.2009, directed the petitioner to vacate and hand-over the possession for renovation work, with a right to get re-possession of the building, on completion of renovation, provided, till the license is subsisting.
Sd/Assistant Registrar(CCC) // True Copy //
Sub Assistant Registrar
Sni
To
1.The District Collector, Dharmapuri District. Dharmapuri.
2.Project Officer cum Member Secretary, Dharmapuri District Socio Economic Development Society, Dharmapuri.
+1cc to M/s.K.N.Shanthi, Advocate Sr.No.20969
+1cc to the Government Pleader Sr.No.21342
W.P.No.20984 of 2011
RGN(CO) RVM(30/06/2022)
3 issues framed by the court
Whether a licensee can challenge the fixation of fair rent after accepting the offer and entering into possession of the renewed shop.
Whether the petitioner is liable to pay arrears of rentals as per the admitted licensee rent.
Whether to grant time for payment of arrears to the petitioner.
1 provisions across 1 enactments
Subramani Chettiar
District Collector, Dharmapuri District
Project Officer cum Member Secretary, Dharmapuri District Socio Economic Development Society
M. Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
