C.Soundarpandian v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 02.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR C.Soundarapandian ... Petitioner Vs
1. The Principal Secretary, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Street, Chepauk, Chennai 600 005.
2. The Managing Director, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Street, Chepauk, Chennai 600 005.
3. The Executive Engineer/Zone-3, Tamil Nadu Slum Clearance Board, T.B.Chathiram, Chennai 600 010.
...Respondent
Prayer: Writ Petition filed under Article 226 of Constitution of India seeking issuance of Writ of Mandamus, directing the respondents 1 to 3 to consider the petitioner's representation dated 28.11.2024 and to take appropriate action regarding the waiver of the rental arrears of
Rs.24,22,128/- for shop No.41, in the Thirumangalam Commercial Complex, Chennai caused due to the closure of the shop during the Covid-19 pandemic lock down and to waive the rental arrears of Rs.24,22,128/-.
For Petitioner : Mr.T.R.Prabhakaran For Respondents : Mr. S.Karthikeyan, Standing Counsel
ORDER
The petitioner herein seeks a direction to the respondents 1 to 3 to consider his representation dated 28.11.2024 seeking waiver of rent for Covid period.
2. It is the case of the petitioner that he is the occupant of shop No.41 located at Thirumangaam Commercial Complex, Chennai and since the petitioner was not regular in payment of rent, the respondents issued a notice dated 21.10.2024, directing the petitioner to pay the arrears of rent. Therefore, the petitioner submitted a representation seeking waiver of the rent during the Covid lock down period, and the same has not been considered. Hence, he has come before this court.
3. The learned counsel for the petitioner submits that during the Covid Lock down, the petitioner was not in a position to conduct his business and therefore, he was not in a position to pay the rent for the said period. Hence, the petitioner submitted a representation before the respondents and the same has not been considered.
4. Mr.S.Karthikeyan, learned Standing Counsel, who takes notice for the respondents 1 to 3 would submit that the petitioner's representation will be considered in accordance with law.
5. In view of the above, without going into the merits of the claim made by the petitioner and his entitlement to seek waiver of the rent, this Court is inclined to direct the second respondent to consider the representation of the petitioner dated 28.11.2024 and to pass final orders on its own merits, within a period of six weeks from the date of receipt of copy of the order.
6. With the above direction, this writ petition is disposed of.
There shall be no order as to costs.
02.01.2025 Index:Yes/No Internet:Yes/No mst To
1. The Principal Secretary, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Street, Chepauk, Chennai 600 005.
2. The Managing Director, Tamil Nadu Slum Clearance Board, No.5, Kamarajar Street, Chepauk, Chennai 600 005.
3. The Executive Engineer/Zone-3, Tamil Nadu Slum Clearance Board, T.B.Chathiram, Chennai 600 010.
S.SOUNTHAR, J.
mst W.P.No.38557 of 2024 02.01.2025