M.A.Jayapal, v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN W.A.Nos.1020 to 1026 of 2018 & CMP Nos.8592 to 8605 of 2018 and W.A.Nos.1090 to 1093 of 2018 & CMP Nos. 8955 to 8962 of 2018 1 M.A.JAYAPAL 2 S.PRATHABAN S SIVARAM 3 T.SARAVAMOORTHY 4 V.R.MOHAN 5 MANJULA DEVI 6 P.PERUMAL 7 T.N.MANI 8 V.MARGABANDHU 9 J.JAVID AHAMED 10 K.VASANTHA 11 N.DHARMALINGAM 12 V.S.NATHAN 13 H.GOPINATH 14 P.VELLAIYAN CHETTIYAR 15 G.RAMAKRISHNAN 16 G.DAYALAN 17 N.BOOBALAN 18 N.BOOBALAN 19 K.AHMADULLAH SAHIB 20 V.D.KANNAPPA MUDALIYAR 21 H.GOPINATH 22 R.SANKAR

23 R.SIVAKUMAR 24 R.GOPALAKRISHNAN ... PETITIONER IN WA. 1020 OF 2018 1 MERRY STELLAH 2 N. SHANMUGAM 3 GOVINDARAJ 4 M. DOSS 5 R. PICHANDI 6 R. SANTHOSH 7 P.E. MATHESH 8 P.E. BHUVANESHWARI 9 R. RAMANAN 10 R. ELANGOVAN 11 S. THIYAGARAJAN 12 M. GAJENDRAN ... PETITIONERS IN WA.1021 OF 2018 1 M.HAFEZUNISA 2 L.PALANI VEL 3 K.THIRUMAL 4 R.PALANISAMY 5 P.JAYAPRAKASH 6 K.THIRUMAL 7 E.RAJI @RAJASEKARAN 8 S.RAJASEKARAN ... PETITIONERS in WA No.1022 of 2018 1 K. RAJALAKSHMI 2 M. MASHAR BASHA 3 M. MASHAR BASHA

4 T. LOGANATHAN 5 M. ANNADURAI 6 N. KRISHNAN 7 B. GAJENDRAN ... PETITIONERS in WA No.1023 of 2018 1 S.SUBRAMANI RAO 2 G.NEDUMARAN 3 S.R.SUBRAMANI RAO 4 P.BOOPATHY AND P.DEEPAN 5 S.SIVANANDHAM 6 G.KUMAR 7 V.K. JAYABALAN 8 A.S.ASHRAF 9 A. MOHAMED ALI 10 K.MATHIMARAN 11 V.T. DURAIVEL 12 S.SWAMY 13 S. KOUSALYA DEVI 14 S.RAGURAMAN 15 C.JAYAKUMAR 16 M.PRAMILA ... PETITIONERS in WA No.1024 of 2018 1 G. ANBALAGAN 2 JALALLUTHIN 3 KUTHARATHULLAH ... PETITIONERS in WA No.1025 of 2018 1 D.S. RAMESH 2 V.N. RAVI 3 P. ANVER BASHA 4 V.G. RAMAMOORTHY

5 H. HARUN RASHETH 6 P MOHAMMED ALI 7 K. KUMAR 8 G. SHANKAR 9 B SUJATHA 10 G. VENKATESAN 11 B.M.D. KALEELULLAH 12 B. VASU B. BABU 13 A. SYED SUBBAIR AHMED 14 I. SYED RIYAZ AHMED 15 A. RAJAGOPAL 16 P. NAVEEN KUMAR 17 S. DEVIKA 18 V.G. KUMAR 19 S. MALLIGA 20 K. GUNASUNDARI 21 SYED MURTAZA ... PETITIONERS in WA No.1026 of 2018 1 P.PAZHANI 2 V.GOKULAKRISHNAN 3 T.SARAVANAMOORTHY 4 P.V.RAMALINGAM 5 P.KAMALAKANNAN 6 A.SARAVANAN 7 V.S.SUNDAR 8 K.A.MUSTHAK AHMED 9 A.P.MOHAMMED NABEEL 10 P.NITHYANANDAMURTHY 11 M.GOVINDARAJPILLAI

12 M.MANJUKUMAR 13 A.SIVAKUMAR 14 A.SARAVANAN 15 B.KOTTESWARAN 16 M.GOVINDARAJ 17 C.MOORTHY 18 G.YUVARAJ @ VARUN CHANDRAN 19 R.KESAVAN 20 K.A.KRISHNAN 21 M.GOVINDARAJA ... PETITIONERS in WA No.1090 of 2018 1 G.MURUGESAN 2 V.P.DHANDAPANI 3 P.BABU 4 N.JAYARAJ 5 S.RAJENDRAN 6 K.RAGURAJ 7 N.LOGANATHA 8 B.DHANASEKARAN 9 K.BALAKRISHNAMOORTY 10 M.MAGALINGAM 11 A.PICHANDI 12 A.SHANKAR 13 A.EKAMBARAM ... PETITIONERS in WA No.1091 of 2018 1 B.VASU 2 K.MOHAMED FAIZAL 3 S.GOPINATH 4 S.PALANI

5 R.PICHANDI 6 K.RAJALAKSHMI 7 V.K.SADIQBASHA 8 K.MOHAN PANEERSELVAM 9 J.V.MONOHARAN N.PADAMANABAN 10 S.RAMESH BABU 11 N.ARJUNAN 12 S.NANDAKUMAAR 13 S.MOHAMMED FAHEEM ... PETITIONERS in WA No.1092 of 2018 1 MANICKAMUDALI AND SONS 2 V.P.MUQTHIYAR AHAMED 3 S.BALAJI 4 G.R.MANI SING 5 N.GNANAPRAKASAM 6 S.BALAJI 7 K.BHARATHIDHASAN 8 V.MANONMANI@AMMU 9 B.JAGANATHAN 10 G.VIJAYAN 11 G.DHANDAPANI 12 M.ABUL HUSSIAN 13 G.S.IYAPPAN 14 R.KUMAR 15 R.ELANGOVAN ... PETITIONERS in WA No.1093 of 2018 vs THE SECRETART TO GOVERNMENT, MUNICIPAL ADMINISTATION AND WATER SUPPLY, DEPARTMENT, FORT.ST GEORGE, CHENNAI 600 009.

... 1st RESPONDENT IN WA.1020 to 1026, & 1090 to 1093

THE DIRECTOR OF MUNICIPAL ADMINISTATION, MUNICIPAL ADMINISTATION DEPARTMENT, EZHILAGAM, CHEPAUK, CHNNAI 600 005.

...

2nd RESPONDENT IN WA. 1020 to 1026, 1090 to 1093 THE REGIONAL DIRECTOR OF MUNICIPAL ADMINISTATION SARATHI NAGAR, KAKITHAIPATTARAI, VELLORE 12 ... 3rd RESPONDENT IN WA. 1020, 1021, 1091/18 THE DISTRICT COLLECTOR, VELLORE DISTRICT, VELLORE ... 4th RESPONDENT IN WA. 1020, 1021, 1091/18 THE COMMISSIONER, VELLORE CORPORATION, VELLORE.

... 5th RESPONDENT IN W.A.1020, 1021/18 ... 3rd RESPONDENT IN W.A.1022/18 ... 3rd RESPONDENT IN W.A.1023/18 ... 3rd RESPONDENT IN W.A.1024/18 ... 3rd RESPONDENT IN W.A.1025/18 ... 3rd RESPONDENT IN W.A.1026/18 ... 3rd RESPONDENT IN W.A.1090/18 ... 3rd RESPONDENT IN W.A.1092/18 ... 3rd RESPONDENT IN W.A.1093/18 6 A.LAKSHMIPATHI (GIVEN UP) 7 A.VARATHARAJ PERUMAL (GIVEN UP) ... RESPONDENTS 6 & 7 IN WA.NO.1020/2018 R6 & 7 GIVEN UP 6 A.P. PANNEERSELVAM 7 C. PUGAZHVELAN 8 C. PUGAZHVELAN 9 DAYALAN 10 V. SANTHI 11 G. VELU 12 S. ABDUL HAKKANI

13 THULASIKUMAR 14 A. RAVITHARIRA 15 D. DHANMOTHARRAM 16 S. SATHISHKUMAR ... RESPONDENT in WA No.1021 of 2018 4 V.REVATHI 5 N.KUPACHARI 6 F.IMDHATH 7 K.A.MAJID 8 K.KANNAPPAN 9 B.SUMAYA BANU 10 L.AKBAR 11 H.NOOR MOHAMED 12 H.ANWAR BASHA 13 H.ZACRIYAH 14 A.IDAYATHULLAH 15 R.PICHANDI ... RESPONDENTS 4 TO 5 in WA No.1022 of 2018 4 TO 15 GIVEN UP 4 V. LOGANATHAN 5 V. SARAVANAKUMAR 6 P. KARTHIKEYAN 7 S. DHARMALINGAM 8 R. GOVINDARAJ 9 P.G. GANAPATHY NATARAJAN 10 A.K. SHANMUGAM 11 P. PANEER SELVAM ... RESPONDENTS 4 TO 11 IN WA No.1023 of 2018 4 G.ELANGO ...4th RESPONDENT in WA No.1024 of 2018 4 P. NEELAGANDAN 5 N. SASIKALA

6 B. ASLAM 7 S. ANWAR BASHA 8 C. VENUGOPAL 9 K. SURESH BABU 10 G. SUBRAMANI 11 SATHULLAH SAHIB 12 K. ASHOK KUMAR ... RESPONDENTS 4-15 IN WA No.1025 of 2018 4 K.AKARSH SHARMA 5 NASAR 6 S. BHARATH KUMAR 7 V.K.BAJEER RAHMAN 8 M.NAJUNMUNISSA 9 T.S.MUNEER BASHA 10 R.H.KISHORE KUMAR 11 S.NIRMALA BAI 12 K.JAYAKUMAR 13 SYED ABITH ... RESPONDENT 4-13 in WA No.1026 of 2018 4 EKAMBARAM DAKSHNAMOORTHY 5 A.ALLI RANI 6 R.ISMAIL 7 V.S.AMEER BASHA & R.IBRAHIM 8 A.BALU 9 B.PARAMAGURU 10 C.M.NIZAR 11 A.RAVI 12 V.K.PERIYALWAR@V.K.PATTABIRAMA 13 G.VELU

14 B.PARAMAGURU ... RESPONDENT 4-5 in WA No.1090 of 2018 4 D.MOHANARANGAN 5 N.PERIYASAMY 6 G.ANAND G.SANJAY KUMAR 7 D.SELVARAJAN 8 D.THULASI KUMAR 9 M.GANASEKARAN 10 M.GANASEKARAN 11 M.FASULULLAH 12 V.T.SELVARAJ 13 K.SENTHIL KUMAR 14 P.MUTHUKUMAR 15 S.M.JAVEED ... RESPONDENTS 4-5 in WA No.1092 of 2018 4 J.SANTHOSH KUMAR 5 IBRAHIM 6 P.M.NIZAMUDEEN 7 P.ABKAR 8 B.ABU SYED 9 D.CHANDRABOSE 10 S.A.SYED MANSOOR AHMED 11 V.NEELA 12 B.MUTHU KUMAR 13 K.SAMPATH 14 SRINIVASAN ... RESPONDENT 4-14 in WA No.1093 of 2018 Prayer in Writ Appeals:

W.A.No. 1020 of 2018 to 1026/18 and WA.1090 to 1093/2018 Writ Appeal filed under Clause 15 of the Letter patent Act against the order dated 20.11.2017 made in WP.No. 17374/17,

17372, 17827, 18399, 19895, 21926, 21927, 17838, 18400 and 21606/2017 and WA.1091/18 order dated 15/12/2017 WP. 14625/2017. Prayer in Writ Petitions : Writ Petition filed under Article 226 of the constitution of India praying for the issuance of a Writ of Certiorari, calling for the records relating to the Impugned Notice Bearing Na.Ka.No. 19267/ 16/ A1 dt. 04.04.2017 in respect of the Petitioners...

i)W.P.No.17374 of 2017:

Shop Nos. 22 15 5 & 16 3 4 & 20 27 19 9 & 10 24 &26 8 1 7 6 11 & 23 in AKMC Angadi 71 72 73 65 68 75-in--DBlock & 52 17&53 54 55 & 56 62 in F-Block Nethaji Market and 19 18 17 in M.P.S. Center Totally 35 shops situated at Vellore on the file of the 5th respondent and quash the same. ii)WP.NO.17372 OF 2017:

Shop Nos. 9 8 3 6 7 12 38 5 55 2 5 6 9 10 38 36 34 32 42 39 14 28 52 & 36 i.e. totally 24 Shops respectively situated at infantry Road Venkateswara School M.P.S. Center North &South side and Bus Stand in Vellore on the file of the 5th respondent and quash the same iii)WP.No. 17827 of 2017 : Shop Nos.12 2 10 9 & 8 in Bangalore Road Shop No.95 F Block Shop Nos: 8 17 and 7 in ABlock Shop No. 36 in H-Block Shop No.5 in B-Block Shop Nos: 16 25 21 6 and 24 in C-Block in Nethaji Market and Shops Nos: 2 17 11 and 13 in Bangalore Road Lorry Stand i.e totally 20 shops situated at vellore on the file of the 3rd respondent and quash the same iv)WP.NO. 18399 OF 2017 Shop No.1 in B Block Shop No.27/2 in A-Block at Nethaji Market ShopNo.27 in M.P.S. North Backside ShopNo.13 in 1st Floor Old Bus Stand Shops Shop No.48 in B-Block Nethaji Market Shop No.

24 31 and 37 & 36 in 1st Floor Old Bus Stand Shops Shop No.71 and 54 in E-Block Shop No.61 in C-Block Shop No.106 and 96 in D-Block Shop No.49 in F-Block and Shop No.34 in HBlock at Nethaji Market i.e totally 16 shops situated at Vellore on the file of the 3rd Respondent and quash the same. V)WP.NO.

Shop Nos 1 1/ 1 2 3 4 5 6 7 8 9 10 11 and 12 in Fish Market Shop Nos.31 and 32 in D-Block Nethaji Market Shop No.3 in

M.P.S North and shop No 36 in C-Block Nethaji Market i.e totally 17 Shops Situated at Vellore on the file of the 3rd respondent and quash the same.

vi)WP.NO. 21926 OF 2017:

Shop Nos. 28 29 3 & 4 in A-Block Shop No. 23 in B-Block Shop Nos. 75 and 9 in C-Block Shop Nos. 78 and 77 in D-Block Shop Nos. 45 47 and 84 in E-Block Shop No.34 in G-Block at Nethaji Market and Shop No.26 in M.P.S. North Backside i.e totally 14 shops situated at vellore on the file of the 3rd respondent and quash the same vii)WP.NO. 21927 OF 2017:

Shop Nos.18 in A.K.M.C. Angadi Shop No.5 1 11 & 10 at Katpadi Road Shop Nos.8 & 7 at Bangalore Road Shop Nos.23 & 2 in Bus Stand Shops 1st Floor Shop Nos.12 & 21 in A Block Shop No.15 in B-Block at Nethaji Market Shop No.20 in Bus Stand Shops 1st Floor Shop No.45 in B Block Shop No.15 in D Block Shop Nos.83 &6 in E Block Shop Nos.1 14 50 71 2 21 & 94 in F Block at Nethaji Market Shop Nos.25 & 26 in Bus Stand Shops 1st Floor Shop No.8 Venkateshwara School Shop Nos.10 & 11 2 & 3 in M.P.S. Centre Shop Nos.6/ B & 32/A in M.P.S. South 1st Floor Back Side ShopNo.62 n Mps South, 2nd Floor Back side (ie)totally 34 shops situated at Vellore on the file of the 3rd respondent and quash the same.

Viii)WP.No. 17838 of 2017:

calling for the records relating to the Impugned Notice bearing Na.Ka. No.19267/ 16/ A1 dt.04.04.2017 in respect of the petitioners Shops Nos.24 and 27 in A Block Nethaji Market Shop Nos.17 and 12 in AKMC Angadi Shop Nos.14 19 11 100 9 10 8 1 and 2 in D Block Nethaji Market Shop Nos.35 36 37 34 17 30 110 and 2 in E Block Nethaji Market Shop Nos.97 and 31 in F Block Nethaji Market Shop Nos.1/1 10 and 21 in H Block Nethaji Market Shop No.12 in Bangalore Road Lorry Stand Shop Nos.14/1 and 13 in Fish Market Shop No.29 21 40 33 & 31 in M.P.S.Center North Side and Backside i.e totally 34 shops situated at Vellore on the file of the 3rd Respondent and quash the same ix)WP.NO.14625 OF 2017 :

shops Nos.1 2 5 3 4 6 7 8 9 13 10 11 and 12 respectively situated at Tharapavedu Uzhavar Santhai Katpadi on the file of the 5th respondent and quash the same.

X)WP.NO. 18400 OF 2017:

Shop Nos.25/1 and 12/1 in A Block Shop No.51 in F Block Shop Nos.46 47 and 42 in B Block Shop Nos.99 & 98 87 & 91 and 74 in E Block shop No.53/1 in F-Block Shop No.31 in H-Block Shop No.20 in D Block Shop No.6 in H Block at Nethaji Market Shop No.34 in 1st Floor M.P.S. Center Shops No.4 & 5 and 32 in M.P.S. Center Shop No.57 in 1st Floor M.P.S. North Block side Shop No.27 in 1st Floor M.P.S. Center Shop No.68 in 2nd Floor M.P.S. South Backside Shop No.51 in 2nd Floor M.P.S.South Shop No.47 in 1st Floor M.P.S. North Backside Shop Nos.15 and 20 in M.P.S. Centre, Shop No. 28 in I Floor Mps south Shop No. 44 in 1st Floor, Mps North and Shop No. 39 in Mps centre, lies totally 28 shops situated at Vellore, on the file of the 3rd respondent and quash the same.

xi)WP.No. 21606 of 2017:

Shops No. 24/1 in A Block Shop Nos. 23 3 and 12 in C Block Shop Nos. 13 3 70 and 69 in D Block Shop Nos. 57 93 59 and 66 in F Block Shop Nos. 30 and 31 in B Block at Nethaji Market Shop Nos. 1A and 2 at AKMC Angadi Shop No.3 10 9 and 7 in Bangalore road Lorry Stand Shop No.3 in Bangalore Road and Shop No.14 in Fish Market Shop No.6 and 15 Bangalore Road Lorry Stand Shop No.11 Bangalore Road Shop No.60 & 89 M.P.S. South (II Floor) & Shop No.11 Venkateshwara School i.e Totally 28 Shops Situated at vellore on the file of the 3rd respondent and quash the same.

For Appellants : Mr. V.Ramamurthy (in all the Appeals) for Ms.D.Kamatchi For Respondent : Mr.V.Anandhamoorthy (in all the Appeals) Additional Govt. Pleader for R1 to R4 In WA. 1020/18, 1021/18 for R1 & R2 in WA.1022/18 to 1026/18 for R1 & R2 in WA.1090/18 for R1 & R4 in WA.1091/18 for R1 & R2 in WA.1092/18 for R1 & R2 in WA.1093/18

Mr.S.Silambanan, Senior Counsel for Mrs.P.Shanthi for R5 in WA.1020/18 to 1026 and 1090/18 for R3 in WA.1091/18 for R3 in WA.1092/18 for R3 in WA.1093/18.

R6 & R7 given up in WA. 1020/2018 R6 to R16 given up in WA. 1021/2018 R4 to R11 given up in WA. 1022/2018 R4 to R11 given up in WA. 1023/2018 R4 given up in WA.No. 1024/2018 R4 - R12 given up in WA.1025/18 R4 - R13 given up in WA.1026/18 R4 - R14 given up in WA.1090/18 R4 - R15 given up in WA.1092/18 R4 - R14 given up in WA.1093/18 C O M M O N J U D G M E N T (Judgment of the Court was delivered by R.SUBRAMANIAN, J.) The challenge in all these intra Court Appeals is to the order of the learned Single Judge made in various Writ Petitions dated 20.11.2017 & 15.12.2017, in and by which, the learned Single Judge dismissed the Writ Petitions filed by the appellants herein, who are tenants in occupation of various shops belonging to the Municipality.

2. The challenge in the Writ Petitions was to the notices issued by the 5th respondent, viz. the Vellore Corporation enhancing the rents payable by the appellants for the shops/commercial premises in their occupation. All the notices are identical in terms. The upward revision of rent varied from 10 times to two times an existing rent. The main ground of challenge in the Writ Petitions was that the respondents have not followed the instructions issued by the Government in various Government orders that are in force. The grant of lease and fixation of rents for the commercial buildings belonging to the Local Authority has been plagued by several litigations in this Court as well as the Hon'ble Supreme Court. By G.O.Ms.No.92, Municipal Administration & Water Supplies Department, dated 03.07.2007, the Government had issued several directions for which are meant to serve as guidelines to the Local Bodies in the matter of leasing out of commercial

properties belonging to them. While allowing the existing lessees to continue for a block period of three years up to total period of 9 years, subject to increase in rent by 15% for every block period of 3 years, after expiry of 9 years period, the rent payable by the occupants is to be revised based on the market value on the date of such revision.

3. The local bodies were required to give preference to the existing tenants in the event they come forward to pay the enhanced rent. In the event of the existing allottees not coming forward to pay the enhanced rent, the local bodies were at liberty to let out the commercial properties by adopting the procedure of public auction. The petitioners in all these Writ Petitions/ appellants herein, are all persons, who are occupying the shops belonging to Vellore Municipal Corporation. On 30.11.2016 the Commissioner for Municipal Administration, Chepauk, Chennai 5, issued a circular bearing Na.Ka.No.15316/2016/A3 dated 30.11.2016, giving certain directions with reference to fixation of the rent payable for the commercial properties owned by the local bodies concerned.

The Corporation in the Writ Petition claimed that the impugned notices had been issued based on the rent fixed by the Committee formed by the Corporation, according to the clarification issued by the Government in its letter dated 30.11.2016. Accepting the said submission of the Corporation, the learned Single Judge had dismissed the Writ Petition.

4. Aggrieved the appellants are before us by way of these intra Court Appeals.

5. Inasmuch as the counter affidavit filed by the Corporation before the learned Single Judge did not spell out the process adopted by the Committee in fixing the rent for these Commercial properties and the composition of the Committee was also not clearly spelt out in the counter affidavit filed in the Writ Petition, we had required the Commissioner of the 5th respondent Corporation, viz. the Vellore Municipal Corporation to file a detailed counter affidavit setting out the factual details. Pursuant to our direction, the Commissioner Vellore Municipal Corporation, has filed a counter affidavit claiming that the rents were fixed by the Committee consisting of the Commissioner of Vellore Municipal Corporation as its Chairman and four other members. The report of the said Committee has been accepted by the Corporation and it is only thereafter the impugned notices were issued to the respective allottees informing them of the upward revision of rents.

6. We have heard Mr.V.Ramamurthy, learned counsel appearing for Mrs.D.Kamatchi, for the appellants and Mr.V.Anandhamoorthy, learned Additional Government Pleader appearing for the

Respondents 1 to 4 and Mr.S.Silambanan, learned Senior Counsel appearing for Mrs.P.Shanthi, for the 5th respondent.

7. Neither in the counter affidavit filed before us nor in the counter affidavit filed in the Writ Petition, the Commissioner, Vellore Municipal Corporation has stated that the present occupants were put on notice of the proposed increase and an acknowledgement was obtained. Even though the letter dated 30.11.2016 does not contain a positive direction to the Corporation to hear the present occupants, while determining the rent for the future period by taking into account the present market value and the market conditions, we are of the considered opinion that inasmuch as the Government letter gives priority or a preference to the present occupants to pay the higher rent as determined by the Committee and continue to occupy the property in question. It would be in the interest of justice and fair play that the present occupants should be heard before refixation of the rent by the committee.

8. The learned Senior Counsel appearing for the 5th respondent has also no objection for such a course being adopted. The counsel for the appellants also would submit that they are ready to participate in the process of fixation of the higher rent in accordance with G.O.Ms.No.92, Municipal Administration & Water Supplies Department, dated 03.07.2007, read with the Government letter in Na.Ka.No.15316/2016/A3 dated 30.11.2016.

9. In the light of the above consensus reached between the parties, these Writ Appeals will stand allowed, the order of the learned Single Judge as well as the impugned notices of enhancement of rent will stand set aside. There will be no order as to costs.

Consequently, the connected miscellaneous petitions are closed.

10. The Committee formed by the Commissioner, Vellore Municipal Corporation, consisting of the Commissioner as its Chairman and four other members, is directed to determine the rent afresh as on 01.07.2016. The process of refixation shall be completed at the earliest at any rate within a period of 6 months from the date of receipt of a copy of this order, after giving an opportunity of hearing to the present occupants/appellants before us. Such re-fixation shall take effect from 01.07.2016. Upon such re-fixation, the appellants may choose either to continue in occupation by paying the rent as fixed by the Committee or to vacate and handover the possession of the property to the local body.

11. It is brought to our notice that the appellants have been paying 50% of the enhanced amount as per the interim orders passed during the pendency of the Writ Petitions. They shall continue to pay the same till such time, the Committee takes a

final decision as per our direction supra. If rent fixed by the Committee is lower than the rent that is already paid by the respective allottees the differential amount will be adjusted towards the future payment in the event of the appellants opting to pay the higher rent in continue the possession. If the rent fixed is more than the amount paid the appellants shall pay the balance amount along with arrears in order to enable them to continue in possession.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar jv To

1. The Secretary to Government Minicipal Administration and Water Supply Department, Fort St. George, Chennai 9.

2. The Director of Municipal Administration Municipal Administration Department, Ezhilagam, Chepauk, Chennai 5.

3. The Regional Director of Municipal Administration Sarathi Nagar, Kakithaipattarai, Vellore 12.

4. The District Collector, Vellore District, Vellore.

5. The Commissioner, Vellore Corporation, Vellore.

+1cc to Mr. D.Kamatchi, Advocate, S.R.No. 53368 +1cc to Mr. D.Kamatchi, Advocate, S.R.No. 53369 +1cc to Mr. P.Shanthi, Advocate, S.R.No. 52998 +1cc to Mr. P.Shanthi, Advocate, S.R.No. 52999 W.A.Nos.1020 to 1026 of 2018 & CMP Nos.8592 to 8605 of 2018 and W.A.Nos.1090 to 1093 of 2018 & CMP Nos. 8955 to 8962 of 2018 SKV(CO) GN(17/09/2018).

Compared by SAR(N.J.Kannan):19/09/2018