Petitioners challenged the enhancement of shop rent. The Court observed that rent arrears were reduced and allowed petitioners to pay due amounts within two months without coercive steps by respondents, dismissing the writ petition.
Petitioners 1 and 3 directed to pay respective rent arrears within two months; no coercive steps against them pending payment.
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W.P.No.8736 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.02.2023
CORAM
The HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P. No.8736 of 2020 and W.M.P. No.10597 of 2020
1.Sakthivel
2.Jawahar Mangalaharan
3.S.Selvaraj
... Petitioners
vs
1.The State of Tamil Nadu, rep. by Principal Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai – 600 009.
2.The Tamil Nadu Housing Board, rep. by Managing Director, No.493, Anna Salai, Nandanam, Chennai – 600 035.
3.The Executive Engineer, Foreshore Estate – Division, Tamil Nadu Housing Board, Nandanam,
Chennai – 600 035.
... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified Mandamus to call for the records relating to the notice in letter No.Pa.Paa.Koo/065/2017 dated 30.01.2020 on the file of the third respondent and quash the same as arbitrary and
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W.P.No.8736 of 2020
direct the respondents to collect the rent prior to the notice dated 30.01.2020 from the petitioners concern.
For petitioners : Mr.S.Aravind Raj For respondents : Mr.S.Ravi Kumar, Special Government Pleader for R1
Mrs.C.Shyaamala, Standing Counsel for R2 and R3
ORDER
The petitioners have challenged the enhancement of rent for the respective shops, located in the Tamil Nadu Housing Board, No.35, Oliver Road, Mylapore, Chennai-4 by the impugned proceedings dated 30.01.2020 on the ground that an arbitrary revision has been made for enhancement by the respondents.
2.Learned Standing Counsel for the respondents 2 and 3 Housing
Board has placed before this Court a Rental Arrears Statement, payable by the respective petitioners as on 01/2023.
3.As seen from the Rental Arrears Statement dated 01.02.2023,
enhancement of rent as per the impugned proceedings dated 30.01.2020
has been reduced.
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W.P.No.8736 of 2020
4.Learned Standing Counsel appearing for the respondents 2 and 3
also would submit that the second petitioner has already vacated the premises, namely No.35, Oliver Road, Mylapore, Chennai-4. The same is also not disputed by the learned counsel for the petitioners.
5.Learned counsel for the petitioners would also submit that if sufficient time is granted for the petitioners 1 and 3 to pay the arrears of rent as per the above Statement dated 01.02.2023, filed by the third respondent before this Court, the petitioners 1 and 3 will pay the said amount.
6.Learned Standing counsel appearing for the respondents 2 and 3 has not raised any serious objection if time is given for paying the arrears of rent by the petitioners 1 and 3 as per the Statement dated 01.02.2023, submitted by the Executive Engineer, Foreshore Estate Division, which is placed on record before this Court today.
7.This Court is of the view that no prejudice would be caused to any of the parties and that too when the respondents have not raised any serious objection, if the petitioners 1 and 3 are allowed to pay the arrears https://www.mhc.tn.gov.in/judis 3/6
W.P.No.8736 of 2020
of rent as specified in the Rental Arrears Statement dated 01.02.2023, submitted by the Executive Engineer, Foreshore Estate Division in two months time.
8.After hearing the rival submissions, this writ petition is disposed of by directing the petitioners 1 and 3, namely R.Sakthivel and S.Selvaraj to pay the respective arrears of rent namely, Rs.79,582/- and Rs.78,000/respectively within a period of two months from the date of receipt of a copy of this order. Till then for a period of two months, the respondents are directed not to take any coercive steps against the petitioners 1 and 3. No further extension can be sought for by the petitioners 1 and 3 for making the payments as stated supra. No costs. Consequently, connected miscellaneous petition is closed.
21.02.2023
vga
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W.P.No.8736 of 2020
To
1.The State of Tamil Nadu, rep. by Principal Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai – 600 009.
2.The Tamil Nadu Housing Board, rep. by Managing Director, No.493, Anna Salai, Nandanam, Chennai – 600 035.
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W.P.No.8736 of 2020
ABDUL QUDDHOSE, J.
vga
W.P. No.8736 of 2020 and W.M.P. No.10597 of 2020
21.02.2023
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2 issues framed by the court
Whether the rent arrears petitioners challenged can be paid within a stipulated timeframe as no prejudice is caused to the respondents.
Whether the writ petition challenging the enhancement of rent be disposed of on the terms of agreeing to pay arrears within two months.
Sakthivel
S.Selvaraj
The State of Tamil Nadu
The Tamil Nadu Housing Board
The Executive Engineer, Foreshore Estate Division
Abdul Quddhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
