R.Chandra Mahadevaraja v. The Director Of Municipal Administration
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.06.2025
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P(MD)No.12268 of 2025 R.Chandra Mahadevaraja ... Petitioner Vs.
1.The Director of Municipal Administration, No.75, Santhome High Road, Foreshore Estate, Raja Annamalai Puram, Chennai.
2.The District Collector, Virudhunagar District.
3.The Commissioner, Rajapalayam Municipality, T.P.Mills Road, Rajapalayam, Virudhunagar District.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the third respondent herein form causing disturbance to the petitioner to run the private vehicles paid parking business in Rajapalayam town Survey Nos.113A/2/1, 1/5
113A/2/2, 113A/2/3 and 113A/2/4 in Kamarajar Nagar, Uranipatti Street, Rajapalayam, Virudhunagar District, on the basis of the rental agreement for vacant land made between petitioner and the owners of the aforesaid land till the final orders passed in the representation made by them before third respondent dated 01.04.2025 to cancel the fixation of new property tax (Commercial) assigned to them for the aforesaid vacant land for the year 2024-2025.
For Petitioner : Mr.B.Brijesh Kishore For R1 & R2 : Mr.D.Ghandiraj Special Government Pleader For R3 : Mr.N.Dilip Kumar Standing Counsel
ORDER
Mr.D.Ghandiraj, learned Special Government Pleader takes notice for the respondents 1 and 2 and Mr.N.Dilip Kumar, learned Standing Counsel takes notice for the third respondent.
2. The petitioner appears to be a tenant of Mahadevaraj, his wife and his two daughters, namely, M.Subhalkshmi, M.Brindha and M.Dhanalakshmi. It is the case of the petitioner that he has taken a land on lease from these persons for using it as a private parking area on payment of Rs.8,000/- per 2/5
month. It is submitted that the respondents have however demanded huge tax of Rs.34,000/- from each of the co-owners and as a result, they have threatened to lock and seal the property, thereby jeopardizing the right to livelihood. It is further submitted that the tax was paid for the vacant land was only Rs.2,000/- and there has been a huge escalation of tax by 15 times.
3. In my view, the writ petition is not maintainable by the petitioner. The petitioner cannot espouse a cause of the owner with whom the petitioner has a private tenancy arrangement. Therefore, the writ petition is liable to be dismissed. In any event, it is open to the petitioner to obtain a suitable license under Section 110 (2) of the Tamil Nadu Urban Local Bodies Act, 1998.
4. The writ petition stands dismissed with the above liberty. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
16.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn 3/5
To 1.The Director of Municipal Administration, No.75, Santhome High Road, Foreshore Estate, Raja Annamalai Puram, Chennai.
2.The District Collector, Virudhunagar District.
3.The Commissioner, Rajapalayam Municipality, T.P.Mills Road, Rajapalayam, Virudhunagar District.
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C.SARAVANAN, J.
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