Senthil.A v. The Government Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.04.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR and W.M.P(MD)Nos.4818 and 4820 of 2021 A.Senthil ... Petitioner Vs.

1.The Government of Tamil Nadu, Rep.by its Secretary of Government, Municipal Administration & Water Supply Department, Fort St.George, Chennai 600 009.

2.The Commission of Municipal Administration, No.78, Urban Administration Building, Santhame High Road, MRC Nagar, Raja Annadurai Puram, Chennai.

3.The Regional Director of Municipal Administration, Tirunelveli Regional, Tirunelveli.

4.The Municipal Commissioner, Aruppukottai Municipality, Aruppukottai, Virudhunagar.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to 1/5

call for the records of the impugned demand notice of the fourth respondent made in Na.ka.No.73/2019/A1, dated 10.09.2020 and quash the same as illegal and arbitrary and consequently, direct the fourth respondent to re-fix the rent by hiking 15% from 4,731 + GST by reckoning the period from 2018 Rs.4,731/- to till date and consequently, direct him to waive the rent for a period in between September 2018 to February 2019 and for a period in between April 2020 to September 2020.

For Petitioner : Mr.S.Bharathy For Respondents : Mr.A.K.Manikkam, Additional Government Pleader, for R1 to R3.

: Mr.N.Dilipkumar, for R4.

O R D E R

The Writ Petition is directed against the impugned demand notice of the fourth respondent made in Na.ka.No.73/2019/A1, dated 10.09.2020 and quash the same as illegal and arbitrary and consequently, direct the fourth respondent to re-fix the rent by hiking 15% from 4,731 + GST by reckoning the period from 2018 Rs.4,731/- to till date and consequently, direct him to waive the rent for a period in between September 2018 to February 2019 and for a period in between April 2020 to September 2020.

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2. When the matter is taken up for hearing today, the learned counsel appearing for the writ petitioner seeks permission of this Court to withdraw this petition and he has also made an endorsement to that effect.

3. The learned counsel for the fourth respondent would submit that the fourth respondent has sent a demand notice for Rs.9,89,241/- that the petitioner has filed the writ petition challenging the demand notice and as per the interim order granted by this Court, he has deposited Rs.4,00,000/- and that thereafter, he has not paid any amount.

4. Heard both sides and also perused the records.

5. In view of the endorsement made by the learned counsel appearing for the writ petitioner, this Writ Petition is dismissed as withdrawn. The fourth respondent is at liberty to take action in accordance with law. Consequently, connected Miscellaneous Petitions are closed. No costs.

10.04.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No das 3/5

To 1.The Government of Tamil Nadu, Rep.by its Secretary of Government, Municipal Administration & Water Supply Department, Fort St.George, Chennai 600 009.

2.The Commission of Municipal Administration, No.78, Urban Administration Building, Santhame High Road, MRC Nagar, Raja Annadurai Puram, Chennai.

3.The Regional Director of Municipal Administration, Tirunelveli Regional, Tirunelveli.

4.The Municipal Commissioner, Aruppukottai Municipality, Aruppukottai, Virudhunagar.

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K.MURALI SHANKAR, J das Order made in and W.M.P(MD)Nos.4818 and 4820 of 2021 Dated : 10.04.2024 5/5