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Madras High CourtWP/24923/2016dismissed

G.Rajarajan, v. The Executive Engineer,

2018-03-13Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2018

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.Nos.24923 and 24924 of 2016 and W.M.P.Nos.21297 to 21300 of 2016 G.Rajarajan .. Petitioner (in W.P.No.24923 of 2016) S.K.Ramachandran .. Petitioner (in W.P.No.24924 of 2016)

Versus

1.The Executive Engineer, Public Works Department, Kanchipuram Division, Buildings Construction & Maintenance, Kanchipuram.

2.The Assistant Executive Engineer, Public Works Department, Building Construction & Maintenance Sub Division, Kanchipuram.

3.The Assistant Engineer, Public Works Department, Building Maintenance Section, Kanchipuram.

.. Respondents (in both W.Ps) Prayer in W.P.No.24923 of 2016:

This Writ Petition is filed under Article 226 of the Constitution of India, seeking a Writ of Certiorari, calling for the records of the respondents herein in their impugned communication dated 05.01.2015, titled Rent Enhancement Calculation Proposal for Petitioner's Shop No.13, which culminates into and followed by the impugned communication of the 3rd respondent herein in his Lr.No.E.Po/Ka.Pi.Pa-4/Ko.30/646, dated 21.6.2016 to the petitioner's father herein and quash the same.

Prayer in W.P.No.24924 of 2016:

This Writ Petition is filed under Article 226 of the Constitution of India, seeking a Writ of Certiorari, calling for the records of the respondents herein in their impugned communication dated 05.01.2015, titled Rent Enhancement Calculation Proposal for Petitioner's Shop No.10, which culminates into and followed by the impugned communication of the 3rd respondent herein in his Lr.No.E.Po/Ka.Pi.Pa-4/Ko.30/646, dated 21.6.2016 to the petitioner herein and quash the same. For Petitioners : Mr.D.Ravichander (in both WPs) For Respondents: Mr.V.Shanmuga Sundar Special Government Pleader (in both WPs) C O M M O N O R D E R Heard Mr.D.Ravichander, learned counsel for the petitioners and Mr.V.Shanmuga Sundar, learned Special Government Pleader for the respondents.

2. These writ petitions have been filed challenging the fixation of lease amount and demand for payment of arrears of rent.

3. The learned counsel for the petitioners submitted that during the pendency of these writ petitions, existing lessees have agreed to pay the entire arrears amount and it was also reduced into writing.

4. In the light of the above facts, these writ petitions are dismissed. It is open to the petitioners to approach the respondents for redressal of their grievances in terms of the agreement. No costs. Consequently, connected miscellaneous petitions are dismissed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ms

To 1.The Executive Engineer, Public Works Department, Kanchipuram Division, Buildings Construction & Maintenance, Kanchipuram.

2.The Assistant Executive Engineer, Public Works Department, Building Construction & Maintenance Sub Division, Kanchipuram.

3.The Assistant Engineer, Public Works Department, Building Maintenance Section, Kanchipuram.

+1cc to Mr.D.RAVICHANDER, Advocate, S.R.No. 18763 +1cc to the Government Pleader, S.R.No. 19677 W.P.Nos.24923 and 24924 of 2016 and W.M.P.Nos.21297 to 21300 of 2016 SR(CO) TR(28/03/2018)