Madras High Court
S.Vaithiyalingam vs The Commissioner on 10 August, 2023
W.A. No.1773 of 2019 etc. batch of cases
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 10.08.2023
CORAM:
THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR. JUSTICE P.B.BALAJI
W.A. No.1773, 1775, 1777, 1778, 1779, 1780 & 3362 of 2019
and
CMP.Nos.12020, 12021, 12026, 12029, 12031, 12034, 12041, 12043,
12059, 12061, 12065, 12067, 21598,
W.A. No.1773 of 2019
S.Vaithiyalingam .. Appellant
Vs.
The Commissioner,
Cuddalore Municipality,
Cuddalore (Post) and District. .. Respondent
Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 21.12.2018 made in WP.No.29565 of 2018 passed by the
learned Single Judge of this Court.
For appellant : Mr.Ragupathy V.
For respondent : Mr.B.Anand
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W.A. No.1773 of 2019 etc. batch of cases
COMMON JUDGMENT
(The Judgment of the Court was delivered by D.KRISHNAKUMAR, J)
These appeals are directed against the common order passed by the
learned Single Judge of this Court in WP.Nos.29565, 29327, 28980, 31834,
31827, 31835 and 30856 of 2018 dated 21.12.2018.
2. The Writ Court has partly allowed the above Writ Petitions holding
that the respondent Municipality can revise the lease rent/licence fee only
prospectively and not retrospectively from the year 2016 and it is for the
petitioners to accept it or not. If the petitioners are not willing to accept the
offer, it is always open to the Municipality to bring the properties for pubic
auction.
3. Challenging the said order, the appellants are before this Court
raising several grounds. The main ground raised by the appellants is that the
respondent without any basis has increased the lease rent/licence fee that
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W.A. No.1773 of 2019 etc. batch of cases
too enormously and the appellants were not informed as to how the rent was
fixed.
4. The learned Standing Counsel appearing for the respondent
Municipality has brought to the notice of this Court that the very same
impugned order was already challenged before the Division Bench of this
Court by one Ashok Kumar in W.A.No.1397 of 2018. In the said Appeal,
the Division Bench by relying upon the decision in the case of
P.Muthusamy vs. State of Tamil Nadu reported in 2014 5 MLJ 129 held
that the revision of rent shall be prospective from 2018 and the respondent
Municipality cannot be compelled to renew the licence periodically. The
present appeals are covered by the above decision of the Division Bench,
and hence, on the same line, these Writ Appeals may also be disposed of.
5. The learned counsel for the appellants has not controverted with
the above submission. The learned counsel for the appellants has given
undertaken to the effect that the appellants will pay the enhanced rent to the
respondent Municipality.
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W.A. No.1773 of 2019 etc. batch of cases
6. In view of the aforesaid submissions, we are of the view that these
appeals are also disposed of in the same line as of Writ Appeal in
WA.No.1397 of 2018 dated 12.04.2019 to the effect that the Municipality is
entitled for demanding enhancement of rent prospective from the year 2018.
7. At this juncture, the learned counselling appearing for the
respondent Municipality submitted that the respondent has already fixed the
enhancement rent based on the recommendation of the Committee as per the
guidelines. However, the appellants have not paid the arrears amount as
demanded by the respondent Municipality.
8. In view of the above, these appeals are disposed of on the same line
as of WA.No.1397 of 2018 dated 12.04.2019 with the following directions:
i) The respondent Municipality is directed to send the revised demand
notice to the appellants for payment of lease rent/licence fee along with
arrears within a period of two weeks from the date of receipt of a copy of
this order.
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W.A. No.1773 of 2019 etc. batch of cases
ii) It is made clear that the respondent Municipality is entitled to
make the demand for lease rent/licence fee prospectively from July 2018 in
accordance with the guidelines of the Government.
iii) On receipt of the said demand notice, the appellants have to pay
the entire arrears amount to the Municipality within a period of four week
therefrom. If there is any default on the part of the appellants, it is always
open to the respondent Municipality to take necessary action as per law. No
costs. Consequently, connected miscellaneous petitions are closed.
[D.K.K., J] [P.B.B., J.]
10.08.2023
Speaking order: Yes/No
Index : Yes/No
pvs
To
The Commissioner,
Cuddalore Municipality,
Cuddalore (Post) and District.
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W.A. No.1773 of 2019 etc. batch of cases
D.KRISHNAKUMAR, J.
and
P.B.BALAJI, J.
pvs
W.A. No.1773 of 2019 etc. batch of cases
10.08.2023
https://www.mhc.tn.gov.in/judis
