Madras High CourtWP(MD)/13087/2018disposed of

S.Peter, v. The Commissioner And

2018-06-20Honourable Mr Justice M. Govindaraj2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.(MD)Nos.13087 to 13091 of 2018 and W.M.P.(MD)Nos.11963, 11964, 11965, 12009, 11966, 11967, 11968, 11969, 11970 and 11971 of 2018 S.Peter : Petitioner in W.P.(MD)No.13087 of 2018 Mi.Amal Arasu : Petitioner in W.P.(MD)No.13088 of 2018 R.Thangaraj : Petitioner in W.P.(MD)No.13089 of 2018 P.Isravel : Petitioner in W.P.(MD)No.13090 of 2018 C.Natarajan : Petitioner in W.P.(MD)No.13091 of 2018 Vs.

The Commissioner and Special Officer, Thoothukudi Municipality Corporation, Thoothukudi District, Represented by The Special Officer.

: Respondent in W.P.(MD)Nos.13087 to 13089 and 13091 of 2018 The Commissioner and Special Officer, Thoothukudi Municipal Corporation, Thoothukudi, Thoothukudi District. : Respondent in W.P.(MD)No.13090 of 2018 COMMON PRAYER: Writ Petitions are filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent Corporation to re-fix the rent in respect of the petitioners' Shop Nos.4, 5, 6, 16 and 3, respectively, in Great Cotton Road, Thoothukudi, within the stipulated time. For Petitioners : Mr.P.M.Vishnuvarthanan (in all Wps) For Respondent : Mr.Saji Bino (in all Wps) Standing Counsel ****** COMMON ORDER https://hcservices.ecourts.gov.in/hcservices/ The petitioners have come forward with the present Writ Petitions seeking for issuance of a Writ of Mandamus, directing

the respondent Corporation to re-fix the rent in respect of their Shop Nos.4, 5, 6, 16 and 3, respectively, in Great Cotton Road, Thoothukudi, within the stipulated time.

2. Heard the learned counsel for the petitioners and the learned Standing Counsel appearing for the respondent.

3. On the directions of this Court, the petitioners have paid 50% of the enhanced rent fixed by the respondent Municipal Corporation. As per the directions, the respondent Corporation has to pass final orders in the subject matter in issue. However, it is submitted that even before passing final orders, the remaining amount of enhanced rent is demanded by the respondent and hence, the petitioners are before this Court with the present Writ Petitions.

4. Mr.Saji Bino, learned Standing counsel appearing on behalf of the respondent undertakes that the respondent will not demand the balance amount till the final orders are passed.

5. Considering the facts and circumstances of the case, a direction is issued to the respondent not to demand the balance amount of the enhanced rent till passing final orders and also not to disturb the possession of the petitioners till such time. The respondent is further directed to afford an opportunity of personal hearing to the parties concerned, before passing final orders.

6. The Writ Petitions are disposed of with the above direction. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To The Commissioner and Special Officer, Thoothukudi Municipality Corporation, Thoothukudi District.

+ 1 cc TO Mr.P.M.Vishnuvarthanan , Advocate in SR No. 69458 SML AE/SKN RSK/SAR1/02.07.2018/2P/3C Common Order made in W.P.(MD)Nos.13087 to 13091 of 2018 Dated: 20.06.2018 https://hcservices.ecourts.gov.in/hcservices/