M.Saraswathy v. State Rep By Its Secretary,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.08.2016

CORAM:

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN W.P. No.18167 of 2016 and WMP No.15932 of 2016 M.Saraswathy ...

Petitioner Vs 1.State represented by its Secretary, Municipal Administration and Water Supply Department, Fort St.George, Chennai - 600 009.

2.The Commissioner, Thirupur Corporation, Thirupur, Coimbatore District.

...Respondents

Prayer : Writ petition filed under Article 226 of the Constitution of India for issue of writ of certiorarified mandamus calling for the records relating to the impugned proceedings issued by the respondent in Na.Ka.No.2068/2015/A2 dated 10.03.2016 arbitrarily fixing the rental amount of Rs.33,333/- per month in respect of shop of the petitioner at Shop No.24 of Old Bus Stand, Thirupur and quash the same and consequently to direct the respondents to strictly implement the G.O.Ms.No.92 dated 03.07.2007 Municipal Administration and Water Supply Department by granting renewal of lease at a reasonable rent.

For Petitioner : Mr.C.S.Dhanasekaran For R-1 : Mr.P.V.Selvakumar, Addl. Govt. Pleader For R-2 : Mr.S.Silambannan, Senior Counsel for Ms.P.Shanthi

O R D E R

Mr.C.S.Dhanasekaran, learned counsel for the petitioner would submit as per the demand made by the 2nd respondent, the respective petitioner has agreed and also paid the enhanced monthly rent fixed by the 2nd respondent as well as the caution https://hcservices.ecourts.gov.in/hcservices/

deposit. The said fact is also admitted by the learned Senior Counsel appearing for the 2nd respondent.

2. In view of the above fact that the petitioner has 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.

3.

The writ petition is disposed of with the above observations. No costs. Consequently, connected W.M.P is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar rgr To 1.The Secretary, Municipal Administration and Water Supply Department, Fort St.George, Chennai - 600 009.

2.The Commissioner Tiruppur Corporation Tiruppur.

+1cc to M/s. C.S.Dhanasekaran, Advocate, S.R.No.44592 RP(CO) EU(29/08/2016) W.P. No.18167 of 2016 https://hcservices.ecourts.gov.in/hcservices/