Dismissed

VinaySolanki v. The District Collector

Madras HC5 Dec 2022WP/32525/2022

Case brief

AI extract

What is this about?

Petitioner sought mandamus directing the Revenue Divisional Officer to dispose of a pending fair rent application filed under Section 4 of the repealed Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The Court held the application misconceived as the Act has been replaced., and dismissed the writ petition.

What did the court decide?

Writ of mandamus dismissed; application before Revenue Divisional Officer to be rejected as it is not maintainable.

VinaySolanki Vs The District Collector — Landlord and Tenant | Madras HC (2022)

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W.P.No.32525 of 2022

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THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 05.12.2022

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CORAM:

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THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

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W.P.No.32525 of 2022

VijaySolanki

...Petitioner

Vs.

1.The District Collector, Thiruvalluvar District, Thiruvalluvar.

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2.Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Thiruvallur District, Thiruvallur.

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3.The Indian Oil Corporation Ltd., Chennai Divisional Office, No.500, Anna Salai, Teynampet, Chennai. ..Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of Writ of Mandamus, directing the 2^nd respondent hereinto to dispose the fair rent application dated 24.01.2020 which is pending on the file No.Na.Ka.339/2020 AA1 of Revenue Divisional officer, 2^nd respondent herein within a time frame fixed.

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https://www.mhc.tn.gov.in/judis

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W.P.No.32525 of 2022

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For Petitioner : Dr.R.Sampath Kumar For Respondents : Mr.U.Baranidharan Additional Government Pleader for R1 & R2 Mr.R.Ravi for R3

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O R D E R

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The petitioner seeks a mandamus, directing the Revenue

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Divisional Officer, Thiruvallur District to dispose of his application filed under Section 4 of the Tamil Nadu Buildings (Lease and Rent Control) Act filed before the said Officer on 24.01.2020. The Revenue Divisional Officer, Thiruvallur has also issued notice to the parties for conducting an enquiry.

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2.The very application before the Revenue Divisional Officer, that

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too under Section 4 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, in my opinion, is misconceived. The Tamil Nadu Buildings (Lease and Rent Control), Act was repealed by the Tamil Nadu Regulations of Rights and Responsibilities of Landlords and Tenants Act, 2017. The new Act does not contain any provision for fixation of fair rent. Hence, as of today, there is no special machinery for fixation of fair rent. However, it 2/4

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https://www.mhc.tn.gov.in/judis

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W.P.No.32525 of 2022

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is open to the petitioner to file a civil suit.

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3.I am also informed that the petitioner has already moved the Civil Court and has obtained a decree for eviction in O.S.No.81 of 2014. It is made clear that the Application before the Revenue Divisional Officer, Thiruvallur launched by the petitioner purportedly under Section 4 of the Tamil Nadu Buildings (Lease and Rent Control) Act, which is no longer on the statute book is not maintenable and it will stand rejected.

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4.This Writ Petition fails and it is accordingly, dismissed. No costs. It will be open to the petitioner to pursue his remedies before the appropriate Civil Court.

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05.12.2022

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kkn

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Internet:Yes/No Index:Yes/No Speaking/Non-speaking order

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https://www.mhc.tn.gov.in/judis

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W.P.No.32525 of 2022