M/S.Manipal Sowbhagya Nidhi Limited v. Sub Collector Cum Rent Authority
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 27.01.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No.2068 of 2025 and WMP.No.2421 of 2025 M/s.Manipal Sowbhagya Nidhi Limited Represented by its Authorised Signatory Mr.R.G.Prabhakar Having office at : Manipal House Old Tile Factory Road Manipal - 576 104 Udipi, Karnataka Also having Branch Office at :
Gemini Parsn Commercial Complex D-6, Ground Floor No.1, Kodambakkam High Road Chennai - 600 006.
.... Petitioner Vs The Sub Collector cum Rent Authority Central Chennai Tamil Nadu.
... Respondent 1/7
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order dated 29.12.2024 in Application No.TN-242024121118437 passed by the respondent herein, quash the same and consequently direct the respondent to reconsider the Application No. TN-242024121118437 and give opportunity / hearing to the petitioner and to register the lease agreement dated 12.11.2024 in accordance with Section 4(3) of the Tamil Nadu Regulation of Rights and Responsibilities of Landlord and Tenants Act, 2017. For Petitioner :
Mr.S.Rajasekar For Respondent :
Mr.P.Satish Additional Government Pleader
ORDER
This writ petition is filed seeking to quash the impugned order dated 29.12.2024 passed in Application No.TN-242024121118437 filed by the petitioner through online seeking registration of the lease agreement and also to give an opportunity / hearing to the petitioner to register the lease agreement dated 12.11.2024 in accordance with Section 4(3) of the Tamil Nadu Regulation of Rights and Responsibilities of 2/7
Landlord and Tenants Act, 2017.
2. It is the case of the petitioner that he is the absolute owner of the premises bearing Door No.Door No.1 (Old No.15A), Sivaganga Road, Nungambakkam, Chennai - 600 034. The total extent of the land measures about 4126 sq.ft., with a building measuring 1707 sq.ft. in ground floor and 989 sq.ft. in first floor. The petitioner had let out the said premises on lease to one M/s.Customise for a commercial purpose on a monthly rent of Rs.1,88,720/-. In compliance with the provisions of the Section 4(1) of Tamil Nadu Regulation of Rights and Responsibilities of Landlord and Tenants Act, 2017 (hereinafter 'TNRRRLT Act'), the petitioner company entered into a written lease agreement with M/s.Customise on 12.11.2024, for a period of three years, commencing from 19.07.2024. The said lease was registered as Doc.No.1319 of 2024 on the file of the Sub Registrar-II, Thousand Lights.
3. Since the provisions under Section 4 of TNRRRLT Act mandates 3/7
registration of lease agreement before the Rent Authority, the respondent herein, the petitioner had approached the office of the respondent for filing an online application on 11.12.2024. However on 29.12.2024, the respondent outrightly rejected the petitioner's application stating that the application had not been submitted within 90 days of handing over the possession. Aggrieved by the same, the petitioner is before this Court.
4. Heard the learned counsel on either side.
5. Section 4 of TNRRRLT Act makes it mandatory that all lease agreements have to be in writing, and such agreements shall be registered with the Rent Authority. Rule 3(2) of the TNRRRLT Rules stipulates that "tenancy agreement should be registered with Rent Authority within 90 days from the date of execution of such tenancy agreement". 6.In the instant case, the lease agreement was executed on 12.11.2023 and the prescribed period of 90 days to register the lease 4/7
agreement would expire only on 10.02.2025, whereas the petitioner was well before the respondent for registration on 11.12.2024. It is unfortunate that the respondent had totally misunderstood the language of Rule 3 of TNRRRLT Rules and has rejected the application of the petitioner on the ground that the petitioner was before him after 90 days of handing over the possession under tenancy.
7. In view of the above, the impugned order cannot be sustained and the same is liable to be set aside. Accordingly, the writ petition is allowed and the impugned order is set aside. The respondent is directed to register the tenancy agreement within a period of three weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.
27.01.2025 Index: Yes/No Speaking order/non-speaking order ds 5/7
To:
The Sub Collector cum Rent Authority Central Chennai.
6/7
P.T.ASHA, J., ds 27.01.2025 7/7