Madras High CourtWP(MD)/15281/2016disposed of

K.Saravanan v. The Tirunelveli Municipal

2016-08-18Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.08.2016

CORAM

THE HONOURBLE MR.JUSTICE T.RAJA W.P(MD). No.15281 of 2016 and W.M.P.(MD).Nos.11246 and 11247 of 2016 K.Saravanan ... Petitioner

Versus

The Tirunelveli Municipal Corporation rep. By its Commissioner, Tirunelveli.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari to call for the records relating to the impugned demand notice in Na.Ka.No.A1/3554/2015, dated 25.01.2016 of the respondent and quash the same.

For petitioner :

Mr.J.Ashok For respondents :

Mr.Aairam K.Selvakumar

O R D E R

The petitioner herein challenges the demand notice, dated 25.01.2016 issued by the respondent/Corporation, on the ground that the latter cannot demand arrears of rent for the period from 01.04.2004 to 31.03.2016 with retrospective effect, by increasing the rent for the previous year.

2. Learned counsel for the petitioner would submit that the petitioner, who is the tenant of shop No.26 allotted in the Central Bus Stand Extension Area Complex of the respondent Municipality, is regularly paying the rent without arrears and while so, the respondent is demanding more rent for previous years with retrospective effect along with penal charges, therefore, the impugned order is liable to be interfered with.

3. Mr.Aairam K.Selvakumar, learned Government Advocate appearing for the respondent/Corporation submitted that the respondent/Corporation has decided to withdraw the impugned order with liberty to issue fresh notice to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. Recording the abovesaid statement, this Writ Petition stands closed. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar To The Commissioner, Tirunelveli Municipal Corporation Tirunelveli.

+ 1 CC TO MR.J.ASHOK, ADVOCATE IN SR No. 45835 + 1 CC TO MR.AAIRAM K.SELVAKUMAR, ADVOCATE IN SR No. 45724. SKN TE/PV : 09/09/2016 : 2P/4C W.P(MD). No.15281 of 2016 and W.M.P.(MD).Nos.11246 and 11247 of 2016 18.08.2016 https://hcservices.ecourts.gov.in/hcservices/