S.Alagar v. The Madurai Corporation
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.12.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI WP(MD)Nos.18865, 18872, 18877, 18884, 18885, 18888, 18894, 18896, 18911, and 18913 of 2019 and W.M.P(MD).Nos.15246, 15247, 15250, 15251, 15196, 15198, 15232, 15233, 15234, 15235, 15222 to 15225, 15216, 15217, 15229, 15230, 15205 and 15207 of 2019 Prayer in W.P(MD).No.18865 of 2019 S.Alagar .. Petitioner vs.
The Madurai Corporation, Represented by its Assistant Commissioner (Revenue), O/o.Madurai Corporation Buildings, Madurai-625 002, Madurai District. .. Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Ceritorarified Mandamus, calling for the records pertaining to the impugned demand notice dated 02.08.2018 on the file of the respondent pertaining to the petitioner's shop No.05 in Tax Assessment No.115/6130005, Mattuthavani Viragu Commission, K.K.Nagar, Madurai District and quash the 1/5
same as illegal and consequently for a direction, forbearing the respondent from levying monthly rent over and above the permissible rent for the petitioner shops within the time period stipulated by this Court. For Petitioner : Mr.T.Lajapathi Roy Senior Counsel For Respondent : Mr.F.Deepak Standing Counsel for Madurai Corporation.
***** C O M M O N O R D E R These Writ Petitions have been filed challenging the impugned demand notices issued by the respondent, revising the monthly rent for the shops of the petitioners.
2. The petitioners are fire wood merchants, who have been provided shops near Mattuthavani market. The petitioners are in possession of the subject property for more than two decades. In the year 2018, the respondent Corporation vide impugned demand notices has revised the rent for the shops with effect from 2016 retrospectively. Aggrieved over the same, these Writ Petitions have been filed. 2/5
3. On previous occasion (i.e.,) 20.11.2023, when the matters came up for hearing, the learned Senior Counsel appearing for the petitioners has raised a main plea that the respondent Corporation is not justified in revising the rent retrospectively. This Court accepted the said contention of the learned Senior Counsel appearing for the petitioners and suggested the petitioners to give a proposal for revision of the rent.
4. Today, when the matters are taken up for hearing, the learned Senior Counsel appearing for the petitioners submits that the petitioners have agreed to pay the revised rent and submitted a proposal on 30.11.2023 and the same has to be considered by the respondent Corporation.
5. The learned Standing Counsel appearing for the respondent Corporation submits that the Council meeting will be held once in a month and it is likely to be convened at the end of December 2023 and the proposal submitted by the petitioners will be considered in the council meeting. 3/5
6. Considering the facts of the case and the subsequent developments, these Writ Petitions are disposed of, with a direction to the respondent Corporation to take a decision on the proposal submitted by the petitioners in the next Council meeting. Till such time, the respondent Corporation shall not take any coercive action against the petitioners. The petitioners are directed to pay the admitted rent till a decision is taken. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. Index :
Yes / No 05.12.2023 NCC :
Yes / No Internet :
Yes ssb To The Madurai Corporation, Represented by its Assistant Commissioner (Revenue), O/o.Madurai Corporation Buildings, Madurai-625 002, Madurai District.
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B.PUGALENDHI, J.
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