Petitioner, a lodge lessee with the Puducherry Housing Board, sought waiver of COVID-19 period rent and challenged an intimation letter via writ petition. As his appeal before the Appellate Authority was pending, the court disposed of the petition directing him to pursue that appeal, to be expedited.
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W.P.No.19551 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.01.2024
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.19551 of 2020 and
W.M.P.No.24172 of 2020
N.Saravanan ... Petitioner
Vs.
1.Union of India, Rep. by its Chief Secretary, Chief Secretariat, Goubert Avenue, Government of Puducherry.
2.The Secretary, Puducherry Housing Board, Anna Nagar, Nellithope, Puducherry – 605 005. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, ca lling for the records pertaining to the intimation letter dated 26.06.2020 vide F.No. 26118/PHB/EW-5/I.Nagr/207 issued by the second respondent and quash the same as unconstitutional, illegal and non-est in the eyes of law and further
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W.P.No.19551 of 2020
direct the second respondent to allow the petitioner to continue the lease as per the lease deed dated 20.09.2019 by receiving the rent from 18.11.2020.
For Petitioner : Mrs.R.Renuka Devi For Mr.P.Malaravan For R1 : Mr.A.Tamilvanan Additional Government Pleader [Puducherry] For R2 : Mr.B.A.Sujay Prasanna
O R D E R
The intimation issued by the 2 nd respondent dated 26.06.2020 is taken
as a cause for the purpose of filing the present writ petition.
2. The petitioner has taken out a commercial property being a Lodge building in Block No.II in the Housing cum Shopping Complex of Puducherry Housing Board at Indira Nagar, Gorimedu, Puducherry. The petitioner submitted an application to the 2 nd respondent to grant relaxation from paying the monthly rent for the period from 19.03.2020 until reopen, on account on COVID-19 pandemic. However, the 2 nd respondent has not accepted the same and informed through notice to the petitioner to pay the rent. The petitioner preferred an appeal before the Appellate Authority under Section 70 of the
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W.P.No.19551 of 2020
Puducherry Housing Board Act, 1973 on 19.11.2020.
3. The learned counsel for the 2 nd respondent states that the said appeal is pending. That being so, the petitioner is at liberty to pursue the appellate remedy already invoked. The Appellate Authority shall proceed with the appeal filed by the petitioner and dispose of the same as expeditiously as possible.
4. With the above directions, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
08.01.2024
Jeni Index : Yes Speaking order Neutral Citation : Yes
To
1.Union of India, Rep. by its Chief Secretary, Chief Secretariat, Goubert Avenue, Government of Puducherry.
2.The Secretary, Puducherry Housing Board, Anna Nagar, Nellithope, Puducherry – 605 005.
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W.P.No.19551 of 2020
S.M.SUBRAMANIAM, J.
Jeni
W.P.No.19551 of 2020
08.01.2024
Page 4 of 4
1 issue framed by the court
Whether the writ petition should be pursued or the petitioner directed to await the pending appellate remedy under the Puducherry Housing Board Act?
1 provisions across 1 enactments
N.Saravanan
Union of India, Rep. by its Chief Secretary, Government of Puducherry
The Secretary, Puducherry Housing Board
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
