M.Jayalakshmi vs The Commissioner
2022 Latest Caselaw 15063 Mad

Citation : 2022 Latest Caselaw 15063 Mad
Judgement Date : 8 September, 2022

Madras High Court

M.Jayalakshmi vs The Commissioner on 8 September, 2022

                                                            1

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED 08.09.2022

                                                          CORAM

                       THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

                                             W.P(MD)No.18474 of 2022

                M.Jayalakshmi                                                 ..Petitioner

                                                           Vs

                1.The Commissioner,
                  Tirunelveli City Municipal Corporation Office,
                  Raja Maligai,
                  Tirunelveli.

                2.The Assistant Commissioner,
                  Palayankottai Ward Office,
                  Tirunelveli.                                                ..Respondents.



                Prayer: Writ Petition filed under Article 226 of the Constitution of India,
                praying this Court to issue a Writ of Mandamus directing the respondents
                to take action and allot two shops in the new building of Mahatma Gandhi
                Market, based on the Petitioner's representation, dated 3.8.2022.


                                         For Petitioner     :Mr.S.Arunnithy

                                         For Respondents :Mr.Aayiram K.Selvakumar

                                                          ORDER

This Writ Petition is filed seeking issuance of a Writ of Mandamus

directing the respondents to take action and allot two shops in the new

building of Mahatma Gandhi Market, based on the Petitioner's https://www.mhc.tn.gov.in/judis representation, dated 3.8.2022.

2.Heard the learned counsel appearing on either side and perused

the materials placed before this Court.

3.The case of the Petitioner is that the Tirunelveli Municipal

Corporation owns Mahatma Gandhi Market at Palayamkottai from the year

1995. In the said market, Shop Nos.3 and 4 stands in the name of

Petitioner's husband(Tax Assessment No.30370 and 30371) and paying

the rent regularly. As there was an increase in the rent, the Petitioner's

husband and other shop owners filed a suit in O.S.No.507 of 2003 before

the Ditrict Munsif Court, Tirunelveli, for declaration and for mandatory

injunction and the same was dismissed on 17.06.2005 and the appeal

filed by the Petitioner's husband and others against the said order, was

allowed. Even after the same, the respondents did not fix the rent as per

the direction of the Court. The Petitioner's husband has also paid a sum of

Rs.2,59,545/- towards rent for the period from February 2002 to

November 2011 and the same was withdrawn by the respondents, but the

rent was not added in the Petitioner's husband's shop rental account and

shown the same as arrears and that the rental receipt was also not

issued. While-so, the Petitioner's husband died in the year 2017. In the

meanwhile, the respondents have sent notifications to pay the arrears of

rent on several occasions and hence, the Petitioner sent a representation

on 4.2.2019 along with Demand Draft for Rs.1,86,615/- towards balance

of rent for the period from 2011 to 2019 with a request to fix the rent as https://www.mhc.tn.gov.in/judis

per the Court Order and to accept the money which was paid towards rent

by the Petitioner's husband. But the respondents have considered the

above payment as rental arrears for the period from 2002-2011. But the

rent paid by the Petitioner's husband was still pending with the

respondents. Further, the respondents have sent demand notice to pay

the rental arrears for the year 2010 to 2021. Though the rent was paid till

2019. it was not considered by the respondents and hence the Petitioner

sent a representation, dated 26.10.2021 explaining the above facts.Now

the Petitioner came to know that in Mahatma Gandhi new market new

shops are going to be alloted to the lease-holders. Hence the Petitioner

has sent a representation, dated 3.8.2022 to the respondents to tally the

Petitioner's rental accounts as per the judgment in A.S.No.92 of 2005 and

to allot two shops in the new building. Since there is no response from the

respondents, the Petitioner has come forward with the present Writ

Petition, for the relief stated supra.

4.The learned counsel appearing for the respondents/Municipal

Corporation would submit that the Petitioner's representation will be

considered after verifying the documents and necessary orders will be

passed in accordance with law, within the time stipulated by this Court.

5.In view of the above, this Court directs the first respondent to

consider the representation of the Petitioner, dated 3.8.2022 and pass https://www.mhc.tn.gov.in/judis

appropriate orders on merits and in accordance with law, after affording

an opportunity of hearing to the Petitioner and other interested parties, if

any, within a period of eight weeks from the date of receipt of a copy of

this order.

6.With the above direction, the Writ Petition stands disposed of. No

costs.

                                                                              08.09.2022



                Index        : Yes/No

                Internet:Yes/No

                vsn

                To

                1.The Commissioner,

Tirunelveli City Municipal Corporation Office, Raja Maligai, Tirunelveli.

2.The Assistant Commissioner, Palayankottai Ward Office, Tirunelveli.

https://www.mhc.tn.gov.in/judis

V.BHAVANI SUBBAROYAN,J

vsn

ORDER MADE IN

W.P(MD)No.18474 of 2022

08.09.2022

https://www.mhc.tn.gov.in/judis