M/S.A.K.Associates v. The Rent Authority
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH M/s.A.K.Associates, Rep. by its Partner, R.Murugan, Plot No.6, 1st Main Road, Radha Nagar, Valasaravakkam, Chennai - 600 087
...Petitioner
-Vs1.The Rent Authority, The Revenue Divisional Officer, Udhagamandalam Division, Revenue Divisional Office, Upper Bazzar, Ooty, Udhagamandalam - 643 001.
2.The State Government, Government of Tamil nadu, Rep. by its Secretary, Commercial Taxes and Registration Department, Fort St. George, Chennai - 600 009.
..Respondents (R2 Suo motu impleaded vide order of this Court dated 02.02.2023.) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, 1/5
praying to issue a Writ of Mandamus directing the respondent to register the tenancy agreement dated 14.01.2019 in Tenancy Application No.TN242019051237217 on 17.05.2019 by providing a Tenancy Registration Certificate in accordance with the Tamil Nadu Regulation of Rights and Responsibilities of Landlord and Tenants Act, 2017 and the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Rules, 2019 within a time frame fixed by this Court. For Petitioner : Mr.T.Mohan, Senior Counsel for Ms.M.Ellakkiya For Respondents : Mr.P.Sathish, Additional Government Pleader
ORDER
The limited prayer sought for in the present Writ Petition is for a direction to the first respondent to register the tenancy agreement dated 14.01.2019 in tenancy application No.TN-242019051237217 on 17.05.2019 by providing a Tenancy Registration Certificate.
2. This Court is of the view that such a claim requires to be considered by the respondents and this Court may not be justified in stepping into the shoes of the respondents to consider the same. Nevertheless, if the petitioner 2/5
is granted liberty to give a fresh representation to the respondents ventilating his grievances, with a consequential direction to the respondents to consider it within a stipulated time, the ends of justice could be secured.
3. In the light of the above observation, the petitioner is granted liberty to give a fresh representation to the first respondent, ventilating his grievances and on receipt of the same, the first respondents shall consider it on its own merits and pass appropriate orders in accordance with law, within a period of four weeks from the date of receipt of the said representation. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim made by the petitioner herein and it is open to the first respondent to consider it on its own merits.
4. With the above direction, this writ petition stands disposed of. No costs.
13.03.2023 nl Note: Issue order copy on 17.03.2023 Index:Yes/No Speaking Order/ Non-Speaking Order 3/5
To 1.The Rent Authority, The Revenue Divisional Officer, Udhagamandalam Division, Revenue Divisional Office, Upper Bazzar, Ooty, Udhagamandalam - 643 001.
2.The State Government, Government of Tamil nadu, Rep. by its Secretary, Commercial Taxes and Registration Department, Fort St. George, Chennai - 600 009.
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M.S.RAMESH,J.
nl 13.03.2023 5/5