R.Mohan v. The Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.09.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.30601 of 2019

1. R.Mohan

2. S.P.Gandhi

3. S.Anjalesh

4. Thangapandiyan

5. S.Dhanakotti

6. B.Kumaresen

7. V.Srinivasan

8. J.Lalli

9. S.Janarthanan ... Petitioners -Vs1. The Director, Tamil Nadu Municipal Administration, Ezhilagam, Chennai - 5.

2. The Commissioner / Special Officer, Pallavaram Municipality, Chrompet, Chennai - 44.

... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents to fix the fair rent @ Rs.40/ sq.ft for 9 shops in ground floor and @ Rs.30/ sq.ft for 10 shops in first floor, situated at G.S.T. Road, Pallavaram, Chennai in view of the rent collected in private shops and shops owned to the municipality in this locality based on petitioner's representation dated 20.04.2019.

For Petitioners : No appearance For R1 : Dr.T.Seenivasan Special Government Pleader For R2 : Mr.P.Srinivas Standing Counsel

ORDER

This writ petition has been filed directing the respondents to fix the fair rent @ Rs.40/ sq.ft for 9 shops in ground floor and @ Rs.30/ sq.ft for 10 shops in first floor, situated at G.S.T. Road, Pallavaram, Chennai in view of the rent collected in private shops and shops owned to the municipality in this locality based on petitioner's representation dated 20.04.2019.

2. Heard both sides and perused the materials available on record.

3. The second respondent had constructed 19 shops in the year 2016. After completion of the construction, the second respondent conducted a public auction cum tender, thereby allotted the shops to the petitioners in the year 2016. Whatever the amount quoted by the petitioner, they were allotted with their respective shops. After having been accepted and occupied their respective shops, now they sought for fair rent for the shops which are occupied by them. That apart, after having been paid the admitted rent as per their bid, they cannot seek to fix the fair rent.

4. In view of the above, the representation submitted by the petitioners

cannot be considered and the writ petition is devoid of merits and is liable to be dismissed. Accordingly, this writ petition stands dismissed. Consequently, connected Miscellaneous petition is closed. No costs. 09.09.2024 (1⁄2) Internet: Yes Index : Yes/No Speaking/Non Speaking order mn G.K.ILANTHIRAIYAN. J,

mn To

1. The Director, Tamil Nadu Municipal Administration, Ezhilagam, Chennai - 5.

2. The Commissioner / Special Officer, Pallavaram Municipality, Chrompet, Chennai - 44.

09.09.2024