S.Venkatakrishnan v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.06.2017

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.22070 of 2003 & W.P.M.P.No. 27340 of 2003 S.Venkatakrishnan

...Petitioner

Versus

1. The State of Tamil Nadu Rep. by the Secretary to Government, Housing & Urban Development Department,

2. The Managing Director, Tamil Nadu Housing Board, 493, Anna Salai, Nandanam, Chennai 600 035.

3. The Assistant Revenue Officer and Competent Authority, Tamil Nadu Housing Board, Madras 600 035.

..

Respondents Prayers: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus calling for the records of the first respondent in G.O.Ms.No.210, Housing and Urban Development (Viva 5(1) Department, dated 21.8.2002 and records of the second respondent in consequential letters No.Va.Va.P 1(1)/50531/2002, dated 06.09.2002 and of the third respondent's demand notice dated 23.7.2003 and grant a consequential direction to the respondents to continue to levy the rent on the residential tenement let out to the petitioner as per the formula circumstances of the case. For Petitioner : Mr.Sundar Narayanan For RR1 : Mr.A.Zakir Hussain, GA RR2 & 3 : Mr.D.Nandhakumar, Standing Counsel

O R D E R

The learned counsel for the petitioner would submit that this Writ Petition is filed challenging the arbitrary fixation of rent by the Tamil Nadu Housing Board.

2. The learned counsel for the petitioner would further submit that a Division Bench of this Court in similar facts, in Writ Appeal No.3292 of 2002 etc. batch of cases, dated https://hcservices.ecourts.gov.in/hcservices/

15.06.2006, has appointed a retired District Judge to fix the fair rent. The District Judge had fixed the fair rent, which was accepted by the Housing Board and other tenants.

3. The learned counsel would further submit that the petitioner is similarly placed as that of the other tenants and he also accepts the fair rent fixed by the District Judge as per the said order passed in the Writ Appeal.

4. In view of the above submission, no further adjudication is required in this petition. Accordingly, the Writ Petition is disposed of. No costs. Consequently, connected W.P.M.P. is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar pvs To

1. The State of Tamil Nadu Rep. by the Secretary to Government, Housing & Urban Development Department,

2. The Managing Director, Tamil Nadu Housing Board, 493, Anna Salai, Nandanam, Chennai 600 035.

3. The Assistant Revenue Officer and Competent Authority, Tamil Nadu Housing Board, Madras 600 035.

+1 cc to O.Nandakumar Advocate sr 43697 +1 cc to the Government Pleader sr 43096 W.P.No.22070 of 2003 & W.P.M.P.No. 27340 of 2003 aa07/07/2017 https://hcservices.ecourts.gov.in/hcservices/