Abdul Rahaman v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.10.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No. 38871 of 2025 Abdul Rahaman ..Petitioner Vs.

1.The Commissioner, HR & CE Department, Uthamar Gandhi Road, Nungambakkam, Chennai - 24.

2.The Joint Commissioner, HR & CE Department, Uthamar Gandhi Road, Nungambakkam, Chennai - 24.

3.The Executive Officer, Arulmigu Gangatheswaran Tirukoil, Purasawalkam, Chennai - 84.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of Writ of Mandamus, directing the respondents 2 and 3 to recognise the petitioner as the lawful tenant as per the order passed in R.P.No.298 of 2023 by the 1st respondent by fixing appropriate rent and to permit to continue 1/5

the occupation and enjoyment of the premises bearing No.96, Gangatheswaran Koil Street, Purasawalkam, Chennai -84.

For Petitioner : Mr.V.Manohar For Respondents : Mr.N.R.R.Arun Natarajan Special Government Pleader

ORDER

This Writ Petition has been filed directing the respondents 2 and 3 to recognise the petitioner as the lawful tenant as per the order passed in R.P.No.298 of 2023 by the 1st respondent by fixing appropriate rent and to permit the petitioner to continue the occupation and enjoyment of the premises bearing No.96, Gangatheswaran Koil Street, Purasawalkam, Chennai -84.

2. The learned counsel appearing for the petitioner would submit that this Court may issue a direction to the respondents to communicate rental arrears, advance amount and enhancement of 5% amount to the petitioner. After receipt of the same, the petitioner is ready to execute the undertaken affidavit. 2/5

3. In view of the above, this Court inclined to issue a direction to the 2nd respondent to communicate the petitioner with regard to arrears of rent, advance amount, including 5% of enhancement amount to the petitioner within a period of four weeks from the date of receipt of a copy of this order. Upon receipt of the same, the petitioner is directed to pay the amount with undertaken affidavit and if there is no legal impediment, the respondents are directed to restore the position of the petitioner.

4. This Writ Petition is disposed of with the above terms. No costs. 16.10.2025 Index: Yes/No Speaking (or) Non Speaking Order kkn 3/5

To 1.The Commissioner, HR & CE Department, Uthamar Gandhi Road, Nungambakkam, Chennai - 24.

2.The Joint Commissioner, HR & CE Department, Uthamar Gandhi Road, Nungambakkam, Chennai - 24.

3.The Executive Officer, Arulmigu Gangatheswaran Tirukoil, Purasawalkam, Chennai - 84.

4/5

M.DHANDAPANI, J.

KKN W.P.No. 38871 of 2025 16.10.2025 5/5