Madras High Court
S.Kumar vs The State Of Tamil Nadu on 27 July, 2021
W.A.Nos.295 & 296 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.07.2021
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH
and
THE HON'BLE MS.JUSTICE R.N.MANJULA
W.A.Nos.295 & 296 of 2018
and C.M.P.Nos.2251 & 2252 of 2018
S.Kumar .. Appellant
in WA 295/18
1.R.Vadivelu
2.Sampath
3.Mahalingam
4.Kameswaran
5.Porchelvan
6.C.S.Durai
7.E.K.A.Nizamuddin Basha .. Appellants
in WA 296/18
Vs
1.The State of Tamil Nadu
Rep. by its Secretary to Government,
Municipal Administration and Water
Supply Department,
Fort St.George,
Chennai - 600 009.
2.The Commissioner of Municipal Administration,
Municipal Administration Department,
Ezhilagam Annexe - 6th Floor,
Chepauk, Chennai - 600 005.
3.The Regional Director of Municipal Administration,
Vellore.
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W.A.Nos.295 & 296 of 2018
4.The Commissioner,
Tiruvannamalai Municipality,
Tiruvannamalai. .. Respondents
in both writ appeals
Appeals filed under Clause 15 of Letters Patent against the
order dated 20.11.2017 passed in W.P.Nos.10749 & 15184 of 2017.
For Appellants : Ms.D.Kamachi
(in both cases)
For Respondents : Mr.S.John J Raja Singh
Government Counsel
for R1 to R3
Mr. B.Anand for R4
(in both cases)
COMMON JUDGMENT
(Delivered by M.M.SUNDRESH, J.)
The appellants in both the cases are the licensees and they are
seeking to challenge the rent fixed as per the Government Order
passed in G.O.Ms.No.92, Municipal Administration and Water Supply
Department, dated 03.07.2007. By the aforesaid Government Order,
a concession has been given to the licensees who have been doing
their business for more than nine years. These appellants having
accepted the said concession filed the writ petitions, challenging the
enhanced rent demanded as determined by the respondents in tune
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W.A.Nos.295 & 296 of 2018
with the aforesaid Government Order passed. The learned Single
Judge dismissed the writ petitions. Challenging the same, the present
appeals have been filed.
2. Learned counsel appearing for the appellants submitted that
though the Division Bench dismissed the writ appeals in W.A.Nos.203
and 204 of 2018, challenging the similar impugned notice issued by
the fourth respondent dated 11.03.2017 which has been confirmed by
the Apex Court, the review petitions are pending. In any case, in one
of the cases, the Division Bench in W.A.No.1012 of 2018 by order
dated 28.04.2018 has given liberty to the licensees to approach the
concerned local authority and till such time, status quo was directed
to be maintained.
3. Learned Government counsel appearing for respondents 1 to
3 submitted that not only the writ appeal but also the Special Leave
Petition was dismissed. Even subsequently, the Special Leave
Petition was dismissed on the very same issue. Therefore, no
interference is required.
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W.A.Nos.295 & 296 of 2018
4. Law has been settled on this aspect. Even this Bench has
dismissed many number of cases inter alia holding that what has
been given is a concession and the appellants are only the licensees.
No challenge has been made against the decision of the Government
but only to the consequent fixation of rent. It is an admitted fact that
most of the similar cases have been dismissed by this Court and the
Special Leave Petitions were also dismissed. Therefore, in law, the
appellants do not have any case though some review petitions are
stated to be pending.
5. However, taking note of the order passed in W.A.No.1012 of
2018 which deals with the fixation of rent by the Villupuram
Municipality, we are inclined to give liberty to the appellants to
approach the fourth respondent for reduction of rent within a period
of two weeks from the date of receipt of a copy of this judgment. The
fourth respondent shall consider it on merit and in accordance with
law and in tune with the Government Order in G.O.Ms.No.92,
Municipal Administration and Water Supply Department, dated
03.07.2007, if law so permits, within a further period of two weeks.
Till then, status quo as on today shall be maintained. In this
connection, we may note that while dismissing the Special Leave
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W.A.Nos.295 & 296 of 2018
Petitions, the Apex Court has given only four weeks' time for vacating
the premises. Therefore, mere pendency of the review petitions
pertaining to different appellants will not enable the appellants herein
to get favourable orders in these appeals.
6. With the above observation, these writ appeals stand
dismissed. No costs. Consequently, connected miscellaneous petitions
are closed.
(M.M.S., J.) (R.N.M., J.)
27.07.2021
Index:Yes/No
mmi/ssm
To
1.The Secretary to Government,
State of Tamil Nadu,
Municipal Administration and Water Supply Department,
Fort St.George, Chennai - 600 009.
2.The Commissioner of Municipal Administration,
Municipal Administration Department,
Ezhilagam Annexe - 6th Floor,
Chepauk, Chennai - 600 005.
3.The Regional Director of Municipal Administration,
Vellore.
4.The Commissioner,
Tiruvannamalai Municipality, Tiruvannamalai.
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W.A.Nos.295 & 296 of 2018
M.M.SUNDRESH, J.
and
R.N.MANJULA,J.
mmi
W.A.Nos.295 & 296 of 2018
27.07.2021
http://www.judis.nic.in
