Mr. Faisal Khan v. The Rent Authority

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2022 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.31539 of 2022 Faisal Khan ....

Petitioner -Vs1.The Rent Authority Singaravelar Maaligai Fourth Floor, Beach Road Chennai, Tamil Nadu 600 001.

2.Ms.Leena Paulose ....

Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the 1st respondent to register the tenancy agreement dated 07.03.2019 presented in Application No.TN242022012105400 dated 21.01.2022 and further to grant T.R.Number with respect to the same.

For Petitioner : Mr.P.V.Balasubramaniam For Respondents : Mr.T.K.Saravanan, Government Advocate

O R D E R

The prayer sought for herein is for a Writ of Mandamus to direct the 1st respondent to register the tenancy agreement dated 07.03.2019 presented in Application No.TN-242022012105400 dated 21.01.2022 and further to grant T.R.Number with respect to the same.

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2.The petitioner approached the first respondent to register the tenancy agreement under the provisions of the Tamil Nadu Regulation of Rights and Responsibilities of the Landlords and Tenants Act (In short 'the Act') dated 07.03.2019 which was submitted on 21.01.2022 to the first respondent who is the rent authority and authority to register the said tenancy under the provisions of the said Act, which has not been registered and no reason has been stated. Hence, in order to give a direction to the respondents to register the tenancy agreement dated 21.01.2022 the present writ petition has been filed.

3. Heard Mr.P.V.Balasubramaniam, learned counsel for the petitioner who would submit that, since it became mandatory under the provisions of the said Act to register the tenancy agreement without which neither the landlord nor the tenant can seek for any benefit under the law, the petitioner seeks the indulgence of this Court.

4. Heard Mr.T.K.Saravanan, learned Government Advocate, who on instructions would submit that, the said application submitted by the petitioner on 21.01.2022 to register the tenancy agreement dated 07.03.2019 is still pending with the first respondent and within a time frame that may be stipulated by this Court, if it is otherwise in order, the registration would be done. 2 / 4

5. Considering the limited scope of the prayer sought for and having regard to the submissions made by the learned counsel for both sides, this Court is inclined to dispose of this writ petition with the following order. "That there shall be a direction to the first respondent to consider the tenancy agreement dated 07.03.2019 submitted by the petitioner by application dated 21.01.2022 and if it is otherwise in order, the same shall be registered and the registered document shall be returned to the petitioner within a period of two weeks from the date of receipt of a copy of this order."

With the above directions, this writ petition is disposed of. No costs. 25.11.2022 Index : Yes/No Internet : Yes/No KST To The Rent Authority Singaravelar Maaligai Fourth Floor, Beach Road, Chennai, Tamil Nadu 600 001. 3 / 4

R. SURESH KUMAR, J.

KST W.P.No. 31539 of 2022 25.11.2022 4 / 4