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Madras High CourtWP/12669/2020disposed of

K.Akbar Basha v. The Commissioner

2020-09-18Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.09.2020

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH WP.No.12669/2020 & WMP.No.15649/2020 K.Akbar Basha .. Petitioner

Versus

1.The Commissioner Vellore Corporation Vellore 632 001.

2.Assistant Commissioner Zone-2, Sathuvachari Vellore Corporation Vellore 632 009.

..

Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to take adequate steps on the representation of the petitioner dated 19.12.2019. For Petitioner :

Mrs.J.B.Abitha Banu For Respondents:

Mrs.P.Shanthi Standing counsel

ORDER

(1)This writ petition is filed for the issue of a writ of mandamus directing the respondents to consider the representation made by the petitioner on 19.12.2019 wherein the petitioner has sought for a revision of rent on the ground that the rent has been fixed by wrongly construing the total size of the shop allotted to the petitioner.

(2) The case of the petitioner is that he is running a shop leased to him by the respondents/Corporation. According to the petitioner, the size of the shop that was allotted to the petitioner measures 48 sq.ft. However, at the time when the rent was revised by the respondents/Corporation, the size of the shop was taken as 120 sq.ft. and the rent has been accordingly fixed. Aggrieved by the same, the petitioner gave Page numbers https://hcservices.ecourts.gov.in/hcservices/

a representation to the respondents on 19.12.2019 to revise the rent and bring it in proportion to the size of the shop. Since the same was not considered, the present writ petition has been filed before this Court, seeking for appropriate directions. (3)Heard the learned counsel for the petitioner and Mrs.P.Shanthi, learned Standing counsel accepting notice on behalf of the respondents 1 and 2.

(4)Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the 2nd respondent to consider the representation made by the petitioner on 19.12.2019 by calling the petitioner for an enquiry and appropriate orders shall be passed within a period of four weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation along with al the relevant documents and a copy of this order.

(5)This writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar AP To 1.The Commissioner Vellore Corporation Vellore 632 001.

2.Assistant Commissioner Zone-2, Sathuvachari Vellore Corporation Vellore 632 009.

WP.No.12669/2020 CA(CO) CB(22/10/2020) Page numbers https://hcservices.ecourts.gov.in/hcservices/