Madras High CourtWP/17798/2016disposed of

C.Saroja, v. The Commissioner,

2016-08-01Honourable Mr Justice N. Kirubakaran12 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.08.2016

CORAM:

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN W.P. Nos.17798, 17800, 17803, 17806, 17807, 17809, 17810, 17816 to 17823, 17786, 17787, 17797, 17864, 17915, 17916, 17918, 17922, 17923, 17938, 17943, 17946, 17948, 17949, 17982 and 21543 of 2016 and WMP Nos.15482, 15484, 15487, 15490, 15491, 15493, 15494, 15500 to 15507, 15470, 15471, 15481, 15557, 15612, 15613, 15615, 15619, 15620, 15634,15639,15642, 15644, 15645,15664, 18419 & 18420 of 2016 1 C.SAROJA ... PETITIONER in WP No.17798 of 2016 1 A.SYED BARKAT ... PETITIONER in WP No.17800 of 2016 1 K.DHANALAKSHMI ... PETITIONER in WP No.17803 of 2016 1 K.P.ABDULLAH ... PETITIONER in WP No.17806 of 2016 1 S.NAMACHIVAYAM ... PETITIONER in WP No.17807 of 2016 1 S.E.SYED AKBER ... PETITIONER in WP No.17809 of 2016 1 A.BALASUBRAMANIAYAM ... PETITIONER in WP No.17810 of 2016 1 T.ASOKAN ...

PETITIONER in WP No.17816 of 2016 1 S.RAMESH ... PETITIONER in WP No.17817 of 2016 1 P.KARTHIKEYAN ... PETITIONER in WP No.17818 of 2016 1 S.MANICHANDRAN ... PETITIONER in WP No.17819 of 2016 1 P.VENKATACHALAM ... PETITIONER in WP No.17820 of 2016 1 M.ARUMUGAM ... PETITIONER in WP No.17821 of 2016 1 A.KRISHNAN ... PETITIONER in WP No.17822 of 2016 1 K.S.PARAMASIVAM ... PETITIONER in WP No.17823 of 2016 1 P.VENKATACHALAM ... PETITIONER in WP No.

1 M.S.MOHAMED RASUL ... PETITIONER in WP No.17787 of 2016 1 S.YASODHARAN ... PETITIONER in WP No.17797 of 2016 1 S.GOVINDARAJAN ... PETITIONER in WP No.17864 of 2016 1 P.KRISHNASAMY ... PETITIONER in WP No.17915 of 2016 1 S.SENNIAPPAN ... PETITIONER in WP No.17916 of 2016 1 G.JOTHIMANI ... PETITIONER in WP No.17918 of 2016 1 K.RAGUNATHAN ... PETITIONER in WP No.17922 of 2016 1 S.BALASUBRAMANIAM ... PETITIONER in WP No.17923 of 2016 1 K.THANGAVELU ... PETITIONER in WP No.17938 of 2016 1 S.GOPALAKRISHNAN ... PETITIONER in WP No.17943 of 2016 1 R.AMUTHA ... PETITIONER in WP No.17946 of 2016 1 S.VIJAYALAKSHMI ... PETITIONER in WP No.17948 of 2016 1 S.VIJAYALAKSHMI ... PETITIONER in WP No.17949 of 2016 W/O.T.K.SIVARAJ 1 S.THILLAINATHAN ... PETITIONER in WP No.17982 of 2016 1 S.GOPALAKRISHNAN ... PETITIONER in WP No.21543 of 2016 Vs THE COMMISSIONER TIRUPPUR CORPORATION TIRUPPUR.

... RESPONDENTS IN ALL WPS THE COMMISSIONER TIRUPPUR CORPORATION, TIRUPPUR.

... RESPONDENT in WP No.17798, 17800,17803,17806, 17807,17809,17810, 17816 to 17823,17786, 17787,17797 17864,17938,17943,17946, 17948,17949,17982 of 2016 1 THE COMMISSIONER, TIRUPUR CORPORATION, TIRUPUR.

2 THE ASSISTANT COMMISSIONER, REVENUE DEPARTMENT, TIRUPUR CORPORATION, TIRUPUR.

... RESPONDENT in WP.No.17915 17916,17918,17922, 17923, of 2016 1 THE STATE OF TAMIL NADU REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT MUNICIPAL ADMINISTRATION & WATER SUPPLY DEPARTMENT SECRETARIAT FORT ST.GEORGE CHENNAI-600 009.

2 THE COMMISSIONER TIRUPPUR CORPORATION TIRUPPUR.

... RESPONDENT in WP No.21543 of 2016 All these Writ Petitions are filed Under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus WP No.17798 of 2016:

issued by the respondent in Na.Ka.No.2068/2015/A2 dated respondent in Na.Ka. No.A2/2068/2015 dated 18.04.2016 and to quash the same and consequently directing the respondent to pass to the petitioner in shop No.3 at Bharathiyar Commercial Complex, Tiruppur by following the procedure established by law after providing reasonable opportunity to the petitioner. WP No.17800 of 2016:

issued by the respondent in Na.Ka.No.2068/2015/A2 dated respondent in Na.Ka. No.A2/2068/2015 dated 18.04.2016 and to quash the same and consequently directing the respondent to pass to the petitioner in shop No.1 at Bharathiyar Commercial Complex, Tiruppur by following the procedure established by law after providing reasonable opportunity to the petitioner.

WP No.17803 of 2016:

issued by the respondent in Na.Ka.No.2068/2015/A2 dated respondent in Na.Ka. No.A2/2068/2015 dated 18.04.2016 and to quash the same and consequently directing the respondent to pass to the petitioner in shop No.10 at Bharathiyar Commercial Complex, Tiruppur by following the procedure established by law after providing reasonable opportunity to the petitioner. WP No.17806 of 2016:

issued by the respondent in Na.Ka.No.2068/2015/A2 dated respondent in Na.Ka. No.A2/2068/2015 dated 18.04.2016 and to quash the same and consequently directing the respondent to pass to the petitioner in shop No.14 at Bharathiyar Commercial Complex, Tiruppur by following the procedure established by law after providing reasonable opportunity to the petitioner. WP No.17807 of 2016:

issued by the respondent in Na.Ka.No.2068/2015/A2 dated respondent in Na.Ka. No.A2/2068/2015 dated 18.04.2016 and to quash the same and consequently directing the respondent to pass to the petitioner in shop No.11 at Bharathiyar Commercial Complex, Tiruppur by following the procedure established by law after providing reasonable opportunity to the petitioner. WP No.17809 of 2016:

to the petitioner in Shop No.2 at Travelers Bungalow, Avinashi Road, Tiruppur by following the procedure established by law after providing reasonable opportunity to the petitioner.

WP No.17810 of 2016:

to the petitioner in Shop No.4 at Bharathiyar Commercial Complex, Tiruppur by following the procedure established by law after providing reasonable opportunity to the petitioner. WP No.17816 of 2016:

Respondent in Na.Ka.No. A2/2068/2015 dated 19.04.2016 and to to the petitioner in Shop No.32 at Old Bus Stand MUDF, Tiruppur by following the procedure established by law after providing reasonable opportunity to the petitioner.

WP No.17817 of 2016:

to the petitioner in Shop No.2 at Old Bus Stand MUDF, Ground Floor, Tiruppur by following the procedure established by law after providing reasonable opportunity to the petitioner. WP No.17818 of 2016:

Respondent in Na.Ka.No. A2/2068/2015 dated 19.04.2016 and to to the petitioner in Shop No.31 at Old Bus Stand MUDF, Tiruppur by following the procedure established by law after providing reasonable opportunity to the petitioner.

WP No.17819 of 2016:

Respondent in Na.Ka.No. A2/2068/2015 dated 28.04.2016 and to to the petitioner in Shop No.3 at Old Bus Stand Ground Floor, Tiruppur by following the procedure established by law after providing reasonable opportunity to the petitioner. WP No.17820 of 2016:

to the petitioner in Shop No.7 at Kamaraj Road, E-Block, Tiruppur by following the procedure established by law after providing reasonable opportunity to the petitioner. WP No.17821 of 2016:

Respondent in Na.Ka.No. A2/2068/2015 dated 19.04.2016 and to to the petitioner in Shop No.29 at Old Bus Stand MUDF, Tiruppur by following the procedure established by law after providing reasonable opportunity to the petitioner.

WP No.17822 of 2016:

Respondent in Na.Ka.No. A2/2068/2015 dated 19.04.2016 and to to the petitioner in Shop No.30 at Old Bus Stand MUDF, Tiruppur by following the procedure established by law after providing reasonable opportunity to the petitioner.

WP No.17823 of 2016:

to the petitioner in Shop No.1 at Tiruppur MUDF Old Bus Stand Complex, Tiruppur by following the procedure established by law after providing reasonable opportunity to the petitioner. WP No.17786 of 2016:

issued by the Respondent in Na.Ka.No. 1075/2015/ C3 dated to the petitioner in Shop No.3 at Anna Memorial Complex, Tiruppur by following the procedure established by law after providing reasonable opportunity to the petitioner. WP No.17787 of 2016:

issued by the Respondent in Na.Ka.No. 1075/2015/ C3 dated to the petitioner in Shop No.2 at Anna Memorial Complex, Tiruppur by following the procedure established by law after providing reasonable opportunity to the petitioner. WP No.17797 of 2016:

issued by the respondent in Na.Ka.No.2068/2015/A2 dated respondent in Na.Ka. No.A2/2068/2015 dated 18.04.2016 and to quash the same and consequently directing the respondent to pass to the petitioner in shop No.16 at Bharathiyar Commercial Complex, Tiruppur by following the procedure established by law after providing reasonable opportunity to the petitioner

WP No.17864 of 2016:

to the petitioner in Shop No.3 at Old Bus Stand MUDF, Ground Floor, Tiruppur by following the procedure established by law after providing reasonable opportunity to the petitioner. WP No.17915 of 2016:

Calling upon the records pertaining to the proceedings of the 1st respondent in Na.Ka. No.2068/2015/A2 dated 10.03.2016 and quash the same and consequently direct the respondents to permit the petitioner to run the shop by receiving the same rent paid prior to 10.03.2013.

WP No.17916 of 2016:

WP No.17918 of 2016:

WP No.17922 of 2016:

WP No.17923 of 2016:

Calling upon the records pertaining to the proceedings of the 1st respondent in Na.Ka. No.2068/2015/A2 dated 10.03.2016

and quash the same and consequently direct the respondents to permit the petitioner to run the shop by receiving the same rent paid prior to 10.03.2013.

WP No.17938 of 2016:

to the petitioner in Shop No.20 at Kumaran Shopping Complex, Tiruppur by following the procedure established by law after providing reasonable opportunity to the petitioner. WP No.17943 of 2016:

to the petitioner in Shop No.4 at Kumaran Shopping Complex, Tiruppur by following the procedure established by law after providing reasonable opportunity to the petitioner. WP No.17946 of 2016:

to the petitioner in Shop No.27 at Kumaran Shopping Complex, Tiruppur by following the procedure established by law after providing reasonable opportunity to the petitioner. WP No.17948 of 2016:

to the petitioner in Shop No.5 at Kumaran Shopping Complex, Tiruppur by following the procedure established by law after providing reasonable opportunity to the petitioner WP No.17949 of 2016:

to the petitioner in Shop No.6 at Kumaran Shopping Complex, Tiruppur by following the procedure established by law after providing reasonable opportunity to the petitioner. WP No.17982 of 2016:

issued by the respondent in Na.Ka.No. 2068/2015/A2 dated respondent in Na.Ka.No. A2/2068/2015 dated 18.04.2016 and to quash the same and consequently directing the respondent to pass to the petitioner in Shop No. 2 at O.H.T.Complex, Avinashi Road, Tiruppur by following the procedure established by law after providing reasonable opportunity to the petitioner WP No.21543 of 2016:

issued by the 2nd respondent in Na.Ka.No. 2068/ 2015/ A2 dated 10.03.2016 and the subsequent Auction Notification issued by the 2nd Respondent published in the newspaper Daily Thanthi dated 08.06.2016 and to quash the same and consequently directing the respondents to pass appropriate orders for revision of lease rent for the shop allotted to the petitioner in Shop No.3 Kumaran Vaniga Maiyam by following the procedure established by law in strict implementation of G.O.Ms.No.92 Municipal Administration & Water Supply Department dated 03.07.2007 after affording reasonable opportunity to the petitioner. For Petitioners: Mr.G.Sankaran for in all WPs M/s.S.Balasubramanian For Respondents: Mr.S.Silambannan, in all WPs Senior Counsel for Ms.P.Shanthi for R1 and

Mr.V.Jayaprakash Narayan Special Government Pleader for R2 (in W.P.No.17915,17916, 17918,17922 &17923/16) & R1 in W.P.No.21543/16 COMMON ORDER Mr.G.Sankaran, learned counsel for the petitioners would submit as per the demand made by the 2nd respondent, the respective petitioners have agreed and also paid the enhanced monthly rent fixed by the 2nd respondent as well as the caution deposit. The said fact is also admitted by the learned Senior Counsel appearing for the respondent.

In view of the above fact that the respective petitioners have paid the enhanced monthly rent as well as the caution deposit, as demanded by the 2nd respondent, the 2nd respondent is directed to extend the lease period in favour of the respective petitioners, for a period of three years, initially, as per G.O.Ms. No. 92 Municipal Administration and Water Supply Department dated 03.07.2007 and the 2nd respondent shall also enter into lease agreements with the respective petitioners, based on the new lease amount.

The writ petitions are disposed of with the above observations. No costs. Consequently, connected W.M.P.s are closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To 1 THE COMMISSIONER, TIRUPUR CORPORATION, TIRUPUR.

2 THE ASSISTANT COMMISSIONER, REVENUE DEPARTMENT, TIRUPUR CORPORATION, TIRUPUR.

3 THE SECRETARY TO GOVERNMENT MUNICIPAL ADMINISTRATION & WATER SUPPLY DEPARTMENT, SECRETARIAT, FORT ST.GEORGE, CHENNAI-600 009.

+1cc to M/S.S.Balasubramanian, Advocate Sr.43975 +4cc to M/S.K.Vignesh Karthick, Advocate Sr.43585,43582,43583,43584 W.P. Nos.17798, 17800, 17803, 17806, 17807, 17809, 17810, 17816 to 17823, 17786, 17787, 17797, 17864, 17915, 17916, 17918, 17922, 17923, 17938, 17943, 17946, 17948, 17949, 17982 and 21543 of 2016 Ctr[co] srg 15/09/2016