Mr. S.Aravindakshan v. The Special Deputy Collector/
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.03.2022 CORAM :
THE HONOURABLE MR.JUSTICE M. DHANDAPANI W.P. No.5447 of 2022 W.M.P.No.5545 of 2022 Mr.S.Aravindakshan
...Petitioner
Vs.
1. The Special Deputy Collector/ Rent Authority (Social Security Scheme) Mambalam Taluk & Guindy Taluk, Chennai Collectorate, Second Floor, Singaravelar Maligai, Rajaji Salai, Chennai 600 001.
2. R.Roopkumar
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to consider the petitioner's Application dated 20.10.2021 and also consider and pass an order based on the representation dated 25.10.2021 and 04.02.2022. For Petitioner : M/S.S.Udaya Kumar For Respondents: Mr.A.Ananthan Government Advocate
O R D E R
This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the 1st respondent to consider the petitioner's Application dated 20.10.2021 and also consider and pass an orders based on the representation dated 25.10.2021 and 04.02.2022.
2. The case of the petitioner is that he is the tenant under the second respondent/landlord, bearing Shop No.6, Ground Floor, New No.78, Old No.84, Sir Thyagaraya Road, Pondy Bazaar,
T.Nagar, Chennai. The grievance of the petitioner is that the petitioner has made an application dated 20.10.2021 before the first respondent/Rent Control Authority as contemplated under Section 10 of Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act 42/2017 ("in short, Act") for fixation of revised and reasonable rent. Further, the petitioner has made two representations dated 25.10.2021 and 04.02.2022 before the first respondent, requesting to fix or revise rent as per the Act. However, till date, no order has been passed. Hence, the present Writ Petition is filed.
3.The learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the 1st respondent to consider the petitioner's application dated 20.10.2021and also petitioner's representations dated 25.10.2021 and 04.02.2022 and pass orders on the same within a particular time frame that may be fixed by this Court.
4.Since no adverse order is being passed against the 2nd respondent, notice to the second respondent is dispensed with. 5.The learned Government Advocate appearing for the respondents has no objection for said order being passed. 6.Considering the facts and circumstances, this Court, without expressing any opinion on the merits of the case, directs the 1st respondent to consider the petitioner's application dated 20.10.2021 also petitioner's representations dated 25.10.2021 and 04.02.2022 and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, after affording opportunity of hearing to the second respondent.
7.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar jd/rli
To The Special Deputy Collector/ Rent Authority (Social Security Scheme) Mambalam Taluk & Guindy Taluk, Chennai Collectorate, Second Floor, Singaravelar Maligai, Rajaji Salai, Chennai 600 001.
+1cc to Mr.D.Udayakumar, Advocate, S.R.No.16493 +1cc to the Government Pleader, S.R.No.16717 W.P. No.5447 of 2022 W.M.P.No.5545 of 2022 VG-II (CO) RGA(05/04/2022)