S.Abdul Hakkani v. The Secretary To Government

S.S.SUNDAR , J.

This Writ Miscellaneous Petition is filed to permit the petitioners to file a single Writ Petition.

2.

The petitioners are all independent tenants and it is stated that they are small traders, who are concerned with 9 different shops that were leased out to them by the third respondent. The size of the shops are different and the tenancy is independent. The petitioners, who are doing business in the rental shops belong to the third respondent has filed the Writ Petition for issuance of the writ of mandamus directing the respondents to appoint a committee as per the prevailing law and pass appropriate orders for the purpose of fixing proper rent for the petitioners' shops, which were leased out to the petitioners herein by the third respondent as per the orders passed by this Court in W.P.Nos.24565 & 24566 of 2017 filed by similarly placed persons.

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3.

Though the petitioners have independent right and they are aggrieved by the rent fixed by the respondents, they may have a common cause of action. Before permitting the petitioners to file a single writ petition subject to the payment of separate court fee, this Court has to consider the nature of prayer. The petitioners seeks a direction in effect for re-fixing the rent in respect of individual tenancy. The cause of action is independent for each one of the petitioner. Therefore, it is appropriate for the petitioners to maintain individual Writ Petition in future. However taking a lenient view, this Writ Miscellaneous Petition is ordered on payment of separate court fee. 07.09.2022 sri 2/3

S.S.SUNDAR , J.

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