S. Elangovan v. The Director Of Municipal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 10.11.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.28742 of 2017 and WMP.Nos.30930 to 30932 of 2017 S.Elangovan

...Petitioner

Vs.

1.The Director of Municipal Administration, Municipal Administration Department, Ezhilagam, Chepauk, Chennai-600 005.

2.The Regional Director of Municipal Administration, Sarathi Nagar, kakithappattarai, Vellore-12.

3.The Commissioner, Arani Municipality, Thiruvannamalai District, Thiruvannamalai.

...Respondents

Writ petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for records of the impugned notices of the 3rd respondent in his proceedings Na.Ka.No:1408/2016/A3 dated 26.04.2017 in respect of the shop No:14, Periyar Maaligai-First Floor, Arani Town and quash the same.

For Petitioner :

Mr.B.Jawahar For Respondents :

Mr.S.Diwakar (for RR1 and 2) Special Government Pleader.

Mrs.A.Shrijayanthi (for R3) Special Government Pleader.

O R D E R

This writ petition is filed seeking to quash the impugned notices of the 3rd respondent in his proceedings Na.Ka.No:1408/2016/A3 dated 26.04.2017 in respect of the shop No:14, Periyar Maaligai-First Floor, Arani Town.

2.The case of the petitioner is that the petitioner is running a shop at the above said address as a tenant under the 3rd respondent. The petitioner was due to pay the rent for some period. Whileso, the 3rd respondent issued the impugned notice dated 26.04.2017, informing the rent being increased from Rs.699/- to Rs.9800/-. Aggrieved by the same, the petitioner has filed this writ petition.

3.The issue involved in this writ petition is already covered by the decision of this Court in W.P.Nos.16095, 9948 and 25377 of 2017, dated 30.10.2017.

4.Learned counsel for the petitioner submitted that they are willing to pay the entire amount of rent due and payable to the respondents. The petitioner shall pay the amount of rent demanded in the impugned notice including the arrears if any, within a period of one week from the date of receipt of a copy of this order.

5.In view of the submission made by the learned counsel for the petitioner, no further orders are required in this writ petition. The petitioner is directed to pay the amount due towards rent within one week from the date of receipt of copy of this order.

6.On receipt of such payment, the respondents are directed to permit the petitioner to occupy the premises. 7.Accordingly, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions also also closed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar rm To 1.The Director of Municipal Administration, Municipal Administration Department, Ezhilagam, Chepauk, Chennai-600 005.

2.The Regional Director of Municipal Administration, Sarathi Nagar, kakithappattarai, Vellore-12.

3.The Commissioner, Arani Municipality, Thiruvannamalai District, Thiruvannamalai.

+1cc to Mr.B.Jawahar, Advocate SR.No.80376 +1cc to Mr.Diwakar, Advocate sR.No.80226 +1cc to Government Pleader SR.No.80949 W.P.No.28742 of 2017 and WMP.Nos.30930 to 30932 of 2017 LRS(CO) sm:29.12.2017