Petitioner challenged a notice for increased rent via Article 226 writ seeking quash. The court held that if the petitioner deposits the agreed disputed amount, the notice shall stand automatically quashed.
Petitioner directed to deposit Rs.3,69,057/- by 20.11.2024; upon payment, the impugned notice stands automatically quashed.
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.
W.P(MD).No.26150 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P(MD).No.26150 of 2024 and W.M.P(MD).No.22187 of 2024
S.P.Mosas ... Petitioner
Vs.,
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, to call for the records relating to the impugned notice in Na.Ka.No.9/2022 dated 30.09.2024 on the file of the third respondent and quash the same as illegal.
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W.P(MD).No.26150 of 2024
For Petitioner : Mr.A.B.Jeeva
For Respondents : Mr.D.Gandhiraj (for R1 & R2) Special Government Pleader Mr.P.Subbaraj (for R3) Special Government Pleader
O RDER
This Writ Petition has been filed seeking for issuance of a Writ of Certiorari to call for the records relating to the impugned notice in Na.Ka.No.9/2022 dated
30.09.2024 on the file of the third respondent and quash the same as illegal.
2 . The petitioner has challenged the impugned order on the ground that he is paying the rent regularly and the license period is still valid and yet to be expired only on 31.03.2025. According to the petitioner, though the respondent has claimed the amount of Rs.5,46,326/-, the actual rent payable by the petitioner is only Rs.3,69,057/- and he is ready to deposit the said amount to the respondents on or before 20.11.2024.
3. The learned Special Government Pleader appearing for the respondents 1 and 2 would submit that if the amount is paid as agreed by the petitioner, there is no issues.
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W.P(MD).No.26150 of 2024
be no order as to costs. Consequently, connected miscellaneous petition is closed.
30.10.2024 (1/5) NCC : Yes/No Index : Yes/No Rmk To
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W.P(MD).No.26150 of 2024
N.SATHISH KUMAR, J.
Rmk
W.P(MD).No.26150 of 2024
30.10.2024
(1/5)
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1 issue framed by the court
Whether the impugned notice for payment of rent should be quashed on the ground of regular payment and valid license period.
1 provisions across 1 enactments
S.P. Mosas
The District Collector, Tenkasi District
The Assistant Director of Town Panchayat, Tenkasi
The Executive Officer, Special Grade Town Panchayat, Alangulam Panchayat Union, Tenkasi District
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
