Madras High Court
S.Chandrasekaran vs Assistant Commissioner on 15 October, 2019
Author: T.Raja
Bench: T.Raja
W.P.No.20426/2016 etc. batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.10.2019
CORAM:
THE HONOURABLE MR. JUSTICE T.RAJA
W.P. Nos.20426, 20429, 20877, 20909, 20910, 20912, 21021, 21024,
21025, 21230, 21233, 21234, 21235, 21237, 21239, 21240, 21241,
21242, 21243, 21244, 21246, 21247, 21248, 21249, 21250, 21251,
21252, 21254, 21255, 21256, 21257, 21258, 21260, 21262, 22286,
22331, 22332, 22371, 22418, 22430, 22432, 22433, 22434, 22435,
22437, 22438, 22442, 22512, 22515, 22602, 22628, 22629, 22631,
22635, 22855, 22949, 22953, 22954, 23250, 23251, 23320, 23329,
23428, 23456, 23513, 23601, 23786, 23796, 23797, 23798, 23799,
23800, 23801, 23802, 23803, 23804, 23805, 23806, 23807, 23808,
23809, 23810, 23811, 23812, 23813, 23814, 23827, 23828, 23829,
23830, 23831, 23832, 23869, 24008, 24013, 24014, 24018, 24019,
24020, 24065, 24235, 24236, 24256, 24525, 24526, 24527, 24528,
24530, 24533, 24535, 24939, 24948, 24949, 24950, 24951, 24952,
24953, 24954, 24955, 24956, 24957, 25003, 25004, 25005, 25006,
25007, 25008, 25009, 25010, 25011, 25012, 25113, 25114, 25115,
25116, 25117, 25118, 25119, 25120, 25121, 25122, 25137, 25138,
25139, 25140, 25141, 25142, 25143, 25144, 25145, 25146, 25147,
25148, 25149, 25150, 25151, 25155, 25156, 25157, 25158, 25159,
25160, 25161, 25162, 25163, 25164, 25165, 25166, 26137, 26138,
26139, 26140, 26141, 26142 & 26143/2016 and 4571, 4572, 4573,
4574, 4575, 4576, 4577, 4578, 4579 & 4580/2017
and connected Miscellaneous Petitions
W.P.No.20426 of 2016 :
S.Chandrasekaran ... Petitioner
Vs
Assistant Commissioner,
Salem Corporation,
Ammapettai Ward Office,
Salem. ... Respondent
1/4
http://www.judis.nic.in
W.P.No.20426/2016 etc. batch
Prayer: Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Certiorari, by calling for the records of the respondent's
impugned order in Na.Ka.No.L8/676/16 dated 05.04.2016 issued to the
petitioner herein and quash the same.
For Petitioner : Mr.A.Devnarenderan
For Respondent : Mr.S.Sathish,
Standing Counsel
COMMON ORDER
All the above Writ Petitions have been filed questioning the correctness of the impugned notice issued by the respondents.
2.Learned Standing Counsel appearing for the respondent would submit that during the pendency of the writ petitions, the Corporation has passed a Resolution No.168 dated 08.09.2016 reducing the rental charges and as a result 25% reduction has been made to the existing monthly rent. Similarly, caution deposits also have been reduced from Rs.3,00,000/-, Rs.2,50,000/-, Rs.2,00,000/-, Rs.1,50,000, Rs.1,00,000/- and Rs.50,000/- to Rs.2,50,000/-, Rs.2,00,000/-, Rs.1,50,000, Rs.1,00,000/-, Rs.50,000/- and Rs.25,000/- respectively. Learned Standing Counsel would further submit that the said Resolution 2/4 http://www.judis.nic.in W.P.No.20426/2016 etc. batch has been passed only to facilitate the existing licencees to pay the reduced rent and arrears immediately.
3.Learned counsel appearing for the petitioners sought four weeks time to pay the entire rent including the arrears.
4.At this stage, learned Standing Counsel appearing for the respondent would submit that if anyone of the existing licencees disagreed to accept even the reduced monthly rent and also the reduced caution deposit, the respondents shall be given liberty to hold the public auction.
5.Heard both sides.
6.In view of the facts that the said Resolution No.168 dated 08.09.2016 has been passed giving 25% reduction in the monthly rent, thereby reducing the caution deposit and the learned counsel appearing for the petitioners have readily accepted the same and requested this Court to close the writ petitions as they are prepared to continue by paying the reduced rent fixed by the respondents, this Court is inclined to dispose of the writ petitions with the following directions: 3/4
http://www.judis.nic.in W.P.No.20426/2016 etc. batch T.RAJA, J.
vga
(i)The petitioners are directed to pay the entire reduced rent including the arrears within a period of four weeks from the date of receipt of a copy of this order.
(ii)If anyone fails to clear the rent as well as the arrears as per the reduced monthly rent and also the reduced caution deposit within a period of four weeks, the respondent is at liberty to proceed for holding fresh public auction in the manner known to law.
7.With the above directions, the writ petitions are disposed of. No costs. Consequently, connected W.M.Ps are closed.
15.10.2019 Index:Yes/ No Speaking /Non-speaking order vga To Assistant Commissioner, Salem Corporation, Ammapettai Ward Office, Salem.
W.P.No.20426/20164/4 http://www.judis.nic.in