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Madras High CourtWP/4950/2025disposed of

V.Manoharan Velu v. The Executive Officer

2025-02-14Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No. 5496 of 2025 V.MANOHARAN VELU ... Petitioner Vs THE EXECUTIVE OFFICER, ARULMIGU THIRUKATCHI NAMBIGAL AND VARADHARAJA PERUMAL THIRUKOIL, PONNAMALLE, CHENNAI- 600 056.

... Respondent Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorari, calling for the records relating to the impugned demand notice dated 27.12.2024 of the respondent herein and quash the same. For Petitioner : Mr.K.Gopinath For Respondent : Mr.N.R.R.Arun Natarajan Special Government Pleader

ORDER

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This writ petition has been filed challenging the impugned demand notice dated 27.12.2024 issued by the respondent.

2. It is the contention of the petitioner that the rent has been retrospectively enhanced in the year 2024, however, with effect from the year 2022, which is not permissible in law. Originally, the petitioner's rent was Rs.3,900/- per month. Due to COVID-19 period, there were some arrears from the year 2022. Currently, the petitioner is paying Rs.10,000/- per month to clear these arrears. Despite this, the impugned notice has been issued.

3. When the matter came up for admission, the learned Special Government Pleader appearing for the respondent produced the records relating to the revision of rent. It can be seen that the petitioner had received a copy of the order regarding refixation of rent on 28.12.2024, which was signed by the petitioner's wife, Usha Rani.

4. In view thereof, there is a remedy of appeal under Section 34(A3) for the petitioner. All the contentions that are raised are kept open for the 2/4

petitioner to raise in the appeal and the petitioner can very well deposit the arrears and file the appeal to agitate all his grievances before the appellate authority.

5. With such liberty kept open to the petitioner, the writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs.

14.02.2025 nsl To THE EXECUTIVE OFFICER, ARULMIGU THIRUKATCHI NAMBIGAL AND VARADHARAJA PERUMAL THIRUKOIL, PONNAMALLE, CHENNAI- 600 056.

D.BHARATHA CHAKRAVARTHY, J.

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