M/S.Sivakumar Electronics v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.08.2016
CORAM:
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN W.P. Nos.22429, 22431, 22436, 22439, 22440, 22443, 22630, 22632, 22633, 22634, 24015, 24017 & 24021 of 2016 and WMP Nos.19125, 19126, 19129, 19130, 19139, 19140, 19145, 19146, 19147, 19148, 19153, 19154, 19308, 19309, 19312 to 19317, 20537, 20538, 20541, 20550, 20548 & 20549 of 2016 M/s.Sivakumar Electronics Rep.by its Proprietor P.Lakshmanan, Shop No.7, Arunachalam Street, Salem - 636 001,
...Petitioner in WP.22429 of 2016
J.Budharam Shop No.5, Arunachalam Street, Salem - 636 001,
...Petitioner in WP.22431 of 2016
K.Vasanthi Shop No.28, Corporation Building, Bose Maithan Shops, Salem - 636 001,
...Petitioner in WP.22436 of 2016
V.Kandasamy Shop No.5, Bose Maithanam, Salem - 636 001,
...Petitioner in WP.22439 of 2016
Veena Chawala Shop No.7, Bose Maithanam, Salem - 636 001,
...Petitioner in WP.22440 of 2016
S.Rangasamy Gounder Shop No.16, Nehru Kalaiarangam Salem - 636 001,
...Petitioner in WP.22443 of 2016
V.Jayaprakash Shop No.6, Ammapettai Shop, Salem - 636 003,
...Petitioner in WP.22630 of 2016
K.M.Najimudeen Shop No.10, Bose Maithanam, Salem - 636 001,
...Petitioner in WP.22632 of 2016
S.P.Kumarappan Shop No.3, Bose Maithanam, Salem - 636 001,
...Petitioner in WP.22633 of 2016
S.Ramanathan Shop No.8, Bose Maithanam, Salem - 636 001,
...Petitioner in WP.22634 of 2016
M.M.K.Raja, Formerly V.C.Subramaniya Mudaliar, Shop No.8, Ammapet Shop, Ammapet, Salem - 636 003,
...Petitioner in WP.24015 of 2016
M.M.K.Raja, Shop No.11, Ammapet Shop, Ammapet, Salem - 636 003,
...Petitioner in WP.24017 of 2016
M.M.K.Raja, Formerly V.C.Subramaniya Mudaliar, Shop No.9, Ammapet Shop, Ammapet, Salem - 636 003,
...Petitioner in WP.24021 of 2016
Vs The Commissioner Corporation of Salem, Salem, ... Respondents in all WPs Prayer in W.P.Nos.22429, 22431, 22436, 22439, 22440, 22443, 22630, 22632, 22633 & 22634 of 2016 : Writ Petitions filed under Article 226 of the Constitution of India for issue of writ of
certiorarified mandamus calling for the records on the file of the respondent Corporation in its impugned proceeding of the respondent made in Na.Ka.No.L8/676/2016 dated 14.06.2016 for the enhancement of rent and deposit amount, quash the same and further direct the respondent corporation to conduct an enquiry after furnishing all the details which formed the basis for enhancement of rent and security deposit as per the impugned proceedings dated 14.06.2016.
W.P.Nos.24015, 24017 & 24021 of 2016 : To issue a Writ of Certiorari or any other appropriate Writ order or direction in the nature of Writ, calling for the records on the file of the Respondent Corporation in its impugned Proceedings of the Respondent made in Na.Ka.No.L8/676/2016 dated 16.06.2016 for the enhancement of rent and deposit amount quash the same. For Petitioners : Mr.R.Hemalatha in all WPs For Respondents : Mr.S.Diwakar in all WPs Special Government Pleader for WPs.22429, 22431, 22436, 22439, 22440 & 22443 of 2016 : Ms.K.Bhuvaneswari for WPs.22630, 22632, 22633, 22634, 24015, 24017 & 24021 of 2016 COMMON ORDER Mrs.R.Hemalatha, learned counsel for the petitioners would submit as per the demand made by the respondent, the respective petitioners have agreed and also paid the enhanced monthly rent as well as the caution deposit fixed by the respondent. The said fact is also admitted by the learned Special Govt. Pleader appearing for the respondent.
2. 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 respondent, the 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 respondent shall also enter into lease agreements with the respective petitioners, based on the new lease amount.
3.
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 rgr To The Commissioner Corporation of Salem, Salem, +4cc's to Mr.S.Diwakar, Advocate, S.R.Nos.45362 to 45365 +4cc's to Ms.K.Bhuvaneswari, Advocate, S.R.Nos.45650, 45644, 45647 & 45652 W.P. Nos.22429, 22431, 22436, 22439, 22440, 22443, 22630, 22632, 22633, 22634, 24015, 24017 & 24021 of 2016 SSK(CO) CA(01/09/2016)