M.Saravanan, v. The Commissioner Of Municipal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 25/1/2023 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

1. M. Saravanan

2. P.N.Rajan Petitioners in W.P.No.

12789 of 2018 * * *

1. P. Sivakumar

2. M. Meenachi Ammal

3. L. Saravanan

4. A. N. Selvam

5. E.Veeraragavan

6. V. Govindammal

7. C. Yasodai Ammal

8. P. Nedumaran

9. M.P.Ramachandiran 10.Natarajan 11.E. Krishnaveni Petitioners in W.P.No.

12790 of 2018 a n d

1. N. Dhayalan

2. V.K.Kabali

3. R. Ambikavathi

4. K.S.Asrug Sheriff

5. S. Zabihullah

6. S.B.Baskaran Page No:1/6

7. K. Sampoornam

8. N. Sathar Sheriff

9. A.R.Divakaran Petitioners in W.P.No.

12791 of 2018 Vs

1. The Commissioner of Municipal Administration Ezhilagam Annex, 6th Floor, Chepauk Chennai 600 005.

2. The Regional Director of Municipal Administration 10 Sarathy Nagar, Kagithapattarai Vellore 632 012.

3. The Commissioner Arcot Municipal Office Arcot 632 503 Vellore District.

Respondents in all the writ petitions.

PRAYER in W.P.No.12789 of 2018: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorari to call for the records of the third respondent related to common Notices bearing Na.Ka.No.1810/2016/A1 dated 23/3/2018 in respect of vacant land shop No.1 of the first petitioner and vacant land shop No.2 of the second petitioner situated at Bus stand compound and Anna Salai Compound, respectively, Arcot, Vellore District and quash the same. Page No:2/6

PRAYER in W.P.No.12790 of 2018: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorari to call for the records of the third respondent related to common Notices bearing Na.Ka.No.1810/2016/A1 dated 23/3/2018 in respect of vacant land shop Nos.17, 19, 23, 40, 20, 21, 22, 24, 25, 26, 38, 39, 41 and 42 of the petitioners 1 to 11 situated at Bus stand shops, Arcot, Vellore District and quash the same.

PRAYER in W.P.No.12791 of 2018: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorari to call for the records of the third respondent related to common Notices bearing Na.Ka.No.1810/2016/A1 dated 23/3/2018 in respect of vacant land shop Nos.1, 2, 3, 4, 5, 6, 7 and 9 of the petitioners 1 to 8 situated at Mango Mandy shops of Gandhi Building backside and Shop No.9 situated at vacant site shop (Mango Mandy) (Inner Side) (RCC Building) Arcot, Vellore District and quash the same.

For Petitioner ...

Mrs.S.Hemalatha For respondents Mr.N.Naveen Kumar Government Advocate for R.R.1 and 2 Mr.B.Anand for R.3.

- - - - - Page No:3/6

C O M M O N O R D E R Writ petitions have been filed challenging the notice dated 23/3/2018, passed by the third respondent in Na.Ka.No.1810/2016/A1.

2. The case of the petitioners is that the petitioners are the lessees of various shops located in third respondent Municipality and they challenge the impugned notices issued by the third respondent on the ground that the enhanced rental amount is more than 500% of the existing rent and it is also in violation of G.O.Ms.No.92, Municipal Administration and Water Supply (Na.Ni.4) Department, dated 3/7/2007.

3. Heard Mrs.S.Hemalatha, learned counsel for the petitioners, Mr.N.Naveenkumar, learned Government Advocate for the respondents 1 and 2 and Mr.B.Anand, learned counsel for the third respondent.

4. Learned Government Advocate appearing for the respondents 1 and 2 submitted that similar notices were issued to other tenants, in respect of same Municipality were challenged before this Court, in writ petition Nos.10247, 10163, 10291, 10499, 9434, 9454 & 9455 of 2018. Vide, order, dated 26/4/2018, dismissed the writ petitions, holding that the third Page No:4/6

respondent Municipality has got power to revise the license fee and fix the amount. Being aggrieved, writ appeals have been filed in W.A.Nos.110 to 116 of 2018. Vide, order, dated 5/11/2019, writ appeals are also dismissed. Therefore, it is the contention that when similar notices were already upheld by the Division Bench, the same cannot be challenged.

5. In view of the above, this Court cannot take a different view. Hon'ble Division Bench held that when the officials decided the issue and fixed the quantum of license fee/lease, as per the prevailing market rate, appellants cannot challenge the same and dismissed the writ appeals. As the procedure is properly set out, now, the petitioners cannot question the same. Having agreed to pay the rent, now they cannot take a different stand.

6. In such a view of the matter, these writ petitions are dismissed. No costs. Consequently, the connected Miscellaneous Petitions are closed. 25/1/2023 mvs.

Index : Yes / No Internet: Yes Speaking/non speaking order Page No:5/6

N.SATHISH KUMAR,J mvs.

To

1. The Commissioner of Municipal Administration Ezhilagam Annex, 6th Floor, Chepauk Chennai 600 005.

2. The Regional Director of Municipal Administration 10 Sarathy Nagar, Kagithapattarai Vellore 632 012.

3. The Commissioner Arcot Municipal Office Arcot 632 503 Vellore District.

W.P.Nos.12789 to 12791 of 2018 25/1/2023 Page No:6/6