Mr.D.Jawahar Mangalaharan v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.06.2018 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P.Nos.22858, 22859, 22862 & 22864 of 2003 and W.P.M.P.Nos.28259, 28260, 28261, 28262, 28269, 28270, 28271, 28275 to 28277 of 2003 W.P.No.22858 of 2003 D.Jawahar Mangalaharan ... Respondents from the premises in Flat No.B2, 28, Oliver Road, Mylapore, Chennai - 4.
W.P.No.22859 of 2003 D.John Martin
...Respondents
from the premises in Flat No.A6, 28 (Old No.34), Oliver Road, Mylapore, Chennai - 4.
W.P.No.22862 of 2003 T.Vellaichamy ..Respondents
from the premises in Flat No.A4, 28 (Old No.34), Oliver Road, Mylapore, Chennai - 4.
W.P.No.22864 of 2003 R.Sakthivelu
...Respondents
from the premises in Flat No.B1, 28 (Old No.34), Oliver Road, Mylapore, Chennai - 4.
For Respondents : Mr.S.Kamalesh Kannan Mr.C.Ramkumar For Mr.V.Anandamoorthy [For R2]
C O M M O N O R D E R The petitioners in these writ petitions are tenants of the premises belonging to the Tamil Nadu Housing Board bearing Flat Nos.B2, A6, A4 and B3, at No.28 (Old No.34), Oliver Road, Mylapore, Chennai - 600 004. The respondents had fixed the rent for the occupation of the premises on the basis of G.O.Ms.No.210 Housing & Urban Development (Viva 5(1) Department dated 21.8.2002 issued by the Government of Tamil Nadu. The fixation of rent in that Governmental order was challenged in a batch of writ petitions against which Writ Appeals bearing W.A.No.3293 of 2002 etc., batch was preferred before the Division Bench of this court. A Retired District Judge was appointed as Commissioner in those proceedings to inspect all the places where the flats belonging to the Tamil Nadu Housing Board are situated to ascertain the correctness of the rate of rent fixed. Relying on the report filed by that Commissioner, the Hon'ble Division Bench of this court in the order dated 15.06.2006 the following directions had been issued:-
(1) The increased rate of rent shall be fixed at Rs.2.50 per sq.ft. in respect of flats in City of Chennai, except at Cox Square Colony at Chintadripet, since, as mentioned by the Advocate Commissioner, all flats are situated in prime area in the City of Chennai.
(2) The increased rate of rent shall be fixed at 1.50 per st.ft. for Cox Square area, since it is situated adjacent to slum area and Coovum River.
(3) The increased rate of rent shall be fixed at Rs.3.00 per sq.ft for all individual houses in Chennai city.
(4) The increased rate of rent shall be fixed at Rs.1.50 per sq.ft. for moffusil area.
2.It is accepted by the counsel appearing for both sides that the petitioners in these writ petitions are covered by the aforesaid directions issued by the Hon'ble Division Bench of this Court.
3.It is informed by C.Ram Kumar, representing Mr.V.Anandamoorthy, learned Standing Counsel for the Housing Board that the petitioners continue to be in occupation of the premises and they have been paying the rent in terms of the
aforesaid directions issued by this court and there are no arrears due as on date.
4.Recording the same, these writ petitions are disposed of. Consequently, connected miscellaneous petition is closed. No costs.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1.The Secretary to Govt.
+1cc to Mr.V.Anandhamurthy, Advocate, S.R.No.41073 +4cc to Mr.T.S.Baskaran, Advocate, S.R.No.41076,41077,41080,41082 W.P.Nos.22858, 22859, 22862 & 22864 of 2003 SSI(CO) GSP(25/07/2018)