Tmt.G.Syamanthakamani 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.22860, 22861 & 22863 of 2003 and W.P.M.P.Nos.28263, 28264, 28265, 28266, 28267, 28268, 28273 & 28274 of 2003 W.P.No.22860 of 2003 G.Syamanthakamani ... Petitioner Vs.
1.The State of Tamil Nadu Rep by Secretary to Govt.
... Respondents from the premises in Flat No.A3, 28,(old.No.34) Oliver Road, For Petitioner : M/s.T.S.Baskaran
W.P.No.22861 of 2003 Mr.K.Kandasamy ... Petitioner Vs.
1.The State of Tamil Nadu Rep by Secretary to Govt.
...Respondents
from the premises in Flat No.A2, 28 (Old No.34), Oliver Road, For Petitioner : M/s.T.S.Baskaran W.P.No.22863 of 2003 T.V.Venkataramani ... Petitioner Vs.
1.The State of Tamil Nadu Rep by Secretary to Govt.
...Respondents
from the premises in Flat No.A5, 28 (Old No.34), Oliver Road, For Petitioner : M/s.T.S.Baskaran 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.
(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 have vacated the respective premises occupied by them and the entire amount payable in terms of the aforesaid directions issued by this court have been paid till the date they vacated the premises and there are no arrears to be recovered from them.
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.
+3cc to Mr.T.S.Baskaran, Advocate, S.R.No.41078,41079,41081 W.P.Nos.225860, 22861, & 22863 of 2003 (CO) GSP(25/07/2018)