Madras High Court
P.Revathi vs The Dean on 29 August, 2024
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.No.28114 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.08.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.28114 of 2021
P.Revathi ... Petitioner
Vs.
1.The Dean,
The Government Medical College,
and Tamil Nadu ESI Hospital,
Varadharajapuram,
Coimbatore-641 015.
2.The Medical Superintendent,
Tamil Nadu ESI Hospital,
Varadharajapuram,
Coimbatore-641 015.
3.The Deputy Director,
Sub-Regional Office,
ESI Corporation, "Panchdeep Bhawan"
No.1897, Trichy Road,
Ramanathapuram,
Coimbatore-641 045. ...
Respondents
_________
Page 1 of 9
https://www.mhc.tn.gov.in/judis
W.P.No.28114 of 2021
PRAYER : Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Certiorarified Mandamus to call for the
entire records relating to Na.Ka.No.6153/Ki2/2/2021 dated 15.12.2021
issued by the first respondent, consequently directing the third respondent to
fix fair rent and electricity charges for Aavin Parlour situated within the
campus of Tamil Nadu ESI Hospital, Varadharajapuram, Coimbatore-15.
For Petitioner : Mr.R.Sreerangan
For Respondents : Ms.M.Sneha
Special Counsel for R1 and R2
Mr.S.P.Srinivasan for R3
ORDER
This Writ Petition has been filed challenging the impugned order dated 15.12.2021 passed by the first respondent and for a consequential direction to the third respondent to fix fair rent and electricity charges for Aavin Parlour situated within the campus of Tamil Nadu ESI Hospital, Varadharajapuram, Coimbatore-15.
_________ Page 2 of 9 https://www.mhc.tn.gov.in/judis W.P.No.28114 of 2021
2. The learned counsel appearing for the petitioner submits that on 06.12.2010, the Assistant Director (PMD) directed the second respondent herein to allot Aavin Milk Booth inside ESI Hospital Campus for the benefits of visitors, insured persons, attendants to patients, guests and hospital staff etc., as per the Government Order in G.O.Ms.No.59, dated 20.03.2003, which clearly prescribed that the widows alone are to be allotted to run Aavin Parlor in all the Government Hospitals within Tamil Nadu and directed the second respondent to fix the rent and electricity board charges to be remitted in ESI Fund Account No.1. Pursuant to the same, the rent was fixed at the rate of Rs.1120/- per month and an advance of six months rent of Rs.6,720/- was also directed to be remitted in ESI Account No.1, vide letter dated 02.11.2012. The rent was remitted duly by the petitioner and she was allotted Aavin Parlour in ESI Hospital, Varadharajapuram, Coimbatore and she is running the same from the year 2012 and remitting the rent without fail and there is no due towards the electrical charges till date. While so, on 24.09.2021, the first respondent issued a notice directing the petitioner to vacate Aavin Parlour within seven days therefrom and _________ Page 3 of 9 https://www.mhc.tn.gov.in/judis W.P.No.28114 of 2021 thereafter, on 01.10.2021, the first respondent issued another letter directing the petitioner to vacate Aavin Parlour within three days. Again, on 15.12.2021, the first respondent issued the impugned notice, which is under challenge in this writ petition, fixing the following exorbitant rate of rent from August 2012 till date on various scales:
Period Per day rent Monthly rent
08/2012 to 31.07.2015 Rs.200/- Rs.6,200/-
01.08.2015 to 31.07.2018 Rs.250/- Rs.7,700/-
01.08.2018 to 31.07.2021 Rs.300/- Rs.9,300/-
01.08.2021 to ---- Rs.350/- Rs.10,850/-
3. The learned counsel appearing for the petitioner submits that as per the guidelines issued by the Government, the first respondent has no power to deal with the fixation of rent for Aavin Parlour and has fixed the rent exorbitantly from Rs.200/- to R.350/- per day contrary to the Government Regulations vide the impugned notice dated 15.12.2021. When a specific order was issued by the Assistant Director (PMD) to the second respondent to fix the rent and electricity board charges, pursuant to which, the second respondent has fixed the rent at the rate of Rs.1120/- per month _________ Page 4 of 9 https://www.mhc.tn.gov.in/judis W.P.No.28114 of 2021 vide letter dated 02.11.2012, the rent could not be fixed retrospectively by the first respondent and right from August 2012, the petitioner is paying the monthly rent as fixed earlier and till date, there is no due towards the rent. The petitioner is ready to pay the rent if at all fixed by the first respondent reasonably in terms of the guidelines issued by the Government.
4. Per contra, the learned Special Counsel appearing for the respondents 1 and 2 would submit that the first respondent is the Authority to decide the fact as to who has to run Aavin Parlour. In the year 2012, the ESI Corporation has allotted Aavin Parlour in favour of the petitioner for a period of six months and it was not extended further and no licence was obtained by the petitioner from the first respondent for running Aavin Parlour and the guidelines were not followed scrupulously by the petitioner. Therefore, she prays for appropriate orders. _________ Page 5 of 9 https://www.mhc.tn.gov.in/judis W.P.No.28114 of 2021
5. Heard the learned counsel appearing for the petitioner, the learned Special Counsel for the respondent Nos.1 and 2 and the learned counsel appearing for the third respondent.
6. Admittedly, the ESI Corporation has granted permission to the petitioner/widow to run Aavin Parlour within the campus of Tamil Nadu ESI Hospital, Varadharajapuram, Coimbatore and the rent was fixed at the rate of Rs.1,120/- per month and the advance of six months rent of Rs.6,720/- was also directed to be remitted in ESI Account, pursuant to which, the petitioner has remitted the rent duly and she is running Aavin Parlour from the year 2012. While so, the first respondent, vide notices dated 24.09.2021 and 01.10.2021, directed the petitioner to vacate Aavin Parlour and issued impugned notice dated 15.12.2021, fixing the exorbitant rate of rent retrospectively (i.e.,) from August 2012 till date on various scales. If at all the first respondent is having power to regularize the rent in respect of Aavin Parlour, the rent could not be fixed retrospectively and therefore, the rent fixed by the first respondent retrospectively vide impugned notice dated _________ Page 6 of 9 https://www.mhc.tn.gov.in/judis W.P.No.28114 of 2021 15.12.2021 is not justifiable one. Hence, the impugned notice dated 15.12.2021 issued by the first respondent is set aside. However, the third respondent is directed to give proper licence with reasonable fair rent from December 2021 and conditions in favour of the petitioner and upon receipt of the same, the petitioner is directed to scrupulously follow the same.
7. Accordingly, this Writ Petition is allowed. There shall be no order as to costs.
29.08.2024 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb _________ Page 7 of 9 https://www.mhc.tn.gov.in/judis W.P.No.28114 of 2021 To
1.The Dean, The Government Medical College, and Tamil Nadu ESI Hospital, Varadharajapuram, Coimbatore-641 015.
2.The Medical Superintendent, Tamil Nadu ESI Hospital, Varadharajapuram, Coimbatore-641 015.
3.The Deputy Director, Sub-Regional Office, ESI Corporation, "Panchdeep Bhawan"
No.1897, Trichy Road, Ramanathapuram, Coimbatore-641 045.
_________ Page 8 of 9 https://www.mhc.tn.gov.in/judis W.P.No.28114 of 2021 M.DHANDAPANI, J.
ssb W.P.No.28114 of 2021 29.08.2024 _________ Page 9 of 9 https://www.mhc.tn.gov.in/judis