Madras High Court
R.D.Prabhuram vs The Commissioner on 19 March, 2025
Author: J.Sathya Narayana Prasad
Bench: J.Sathya Narayana Prasad
W.P.No.32860 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD
W.P.No.32860 of 2023
R.D.Prabhuram
...Petitioner
-Vs-
The Commissioner,
Yercaud Panchayat Union,
Yercaud,
Salem District.
...Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying for the issuance of a direction in the nature of Writ of Mandamus to
direct the respondent to receive rent for 2023-24 and for next two years
2024-25 and 2025-26 for Ondikadai Unavagam situated at Yercaud, by
considering the petitioner's representation dated 12.09.2023 within period to
be fixed by this Court.
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W.P.No.32860 of 2023
For Petitioner : Mr.R.Jayaprakash
For Respondents : Mr.S.J.Mohamed Sathik
Government Advocate
ORDER
The writ petition has been filed to direct the respondents to receive rent for 2023-24 and for next two years 2024-25 and 2025-26 for Ondikadai Unavagam situated at Yercaud, by considering the petitioner's representation dated 12.09.2023 within period to be fixed by this Court.
2.The learned counsel appearing for the petitioner would submit that he is ready to pay the entire arrears of rent for the period 2023-24 to 2024-25 (2years) with interest, as per the Rules and in accordance with law.
3.He further submitted that the period gets over on 31.03.2025 and that he is also willing to pay the rent which has been sent by the respondent for the period 2025-26. He further submitted that the petitioner has already sent a representation dated 12.09.2023 for renewal of his license but the same was 2/5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/03/2025 03:53:31 pm ) W.P.No.32860 of 2023 not considered till date. Hence, he could not pay the rent which resulted in arrears of rent against which the respondents are levying the interest of rent amount.
4.The learned Government Advocate appearing for the respondent/Panchayat Union submitted that the petitioner is doing business from the year 2023-24 since the shop was not auctioned by the respondent.
He further submitted that if the petitioner pays the arrears of rent for the year 2023-24 to 2024-25 (two years) along with the rent that is to be fixed for the year 2025-26 the respondent will consider the petitioner's representation dated 12.09.2023 on merits and in accordance with law within a time frame that may be stipulated by this Court.
5.Heard both sides and perused the materials available on record.
6.The respondent is directed to consider the representation dated 12.09.2023 after giving due notice, opportunity of personal hearing on merits 3/5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/03/2025 03:53:31 pm ) W.P.No.32860 of 2023 in accordance with law and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order.
7.Accordingly, the writ petition stands disposed of with the above observations and directions. No costs.
19.03.2025 vsn Index : Yes / No Speaking / Non-Speaking Order To The Commissioner, Yercaud Panchayat Union, Yercaud, Salem District.
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