Madras High Court
Rajkumar Singh vs The Commissioner on 16 August, 2023
W.A.Nos.1799 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.08.2023
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
and
THE HON'BLE MR.JUSTICE P.B.BALAJI
W.A.No.1799 of 2017
and CMP.No.22627 of 2017
Rajkumar Singh .. Appellant / Writ Petitioner
vs.
The Commissioner,
Villupuram Municipality,
Villupuram. .. Respondent
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 16.11.2017 passed in W.P.No.13446 of 2017
For Appellant : Mr.S.Ilamvaludhi
For Respondent : Mr.K.Tippusulthan
Government Advocate
JUDGMENT
(Judgment of the Court was made by Justice D.Krishnakumar, J.)
The writ petitioner is the appellant herein and aggrieved by the order of
dismissal of the writ petition filed as against the impugned communication of
the respondent dated 04.05.2017 in revising the rent for the shop under his
occupation, has filed the instant writ appeal.
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W.A.Nos.1799 of 2017
2. The petitioner is a licencee under the respondent Municipality and
running Shop No.1 for several years and paying the rent regularly to the
respondent without default. While that being so, the impugned demand
notice dated 04.05.2017 was issued by the respondent calling upon the
appellant to pay the enhanced rent of Rs.8,394/- from 01.04.2017 as against
the existing rent of Rs.1,705/- as per G.O.Ms.No.92, Municipal
Administration and Water Supply (MA.4) Department dated 03.07.2007.
The said demand notice was put to challenge in the writ petition, which came
to be dismissed vide the impugned common order, against which the present
writ appeal is filed.
3. The learned counsel for the appellant submitted that the appellant
was granted interim stay on condition that the appellant continues to pay 50%
of the enhanced rent to the respondent and based on the interim orders passed
by this Court, they are continuing as licencee in the shop in question. The
learned counsel for the appellant further submitted that by the impugned
demand notice, the respondent Municipality has renewed the lease period for
a period of 3 years from 01.04.2017 to 31.03.2020, subject to the payment of
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W.A.Nos.1799 of 2017
enhanced rent along with arrears from 01.04.2017 and the said licence period
was already over and he is continuing as licencee in the shop in question for
almost six years and now at this stage, the present writ appeal is taken up for
hearing before this Court.
4. The learned counsel for the respondent submitted that the demand
made by the respondent Municipality is without any basis and also in
violation of G.O.Ms.No.92 dated 03.07.2007 and a Committee has been
constituted and based on the market value of the property, the Committee has
fixed the licence amount to the shops in question and without considering the
said fact, the respondent Municipality has issued the impugned demand
notice and the Writ Court has also erroneously dismissed their claim and
therefore, prays for appropriate orders.
5. Similar issue came up before us in W.A.No.1186 of 2018 dated
24.07.2023 [L.Arul and Others v. Secretary to Government, Municipal
Administration and Water Supply Department, Chennai-9 and Others],
wherein we have passed the following order :
"8 The Division Bench of this Court in while deciding
the scope of G.O.Ms.No.92, Municipal Administration and
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W.A.Nos.1799 of 2017
Water Supply Department dated 3.7.2007 in P.Malliga Vs.
The Commissioner, Erode City Municipal Corporation,
Erode. [WA.Nos.366, 367, 793, 953 and 955 of 2021 dated
17.4.2021] has held as follows:
"11. The scope of G.O.Ms.No.92, Municipal
Administration and Water Supply Department
dated 03.07.2007 came up for consideration
before the Division Bench of this Court in the
decision in P.Muthusamy v. State of Tamil Nadu
[2014 (5) MLJ 129]. In the said decision, it has
been held that Municipality/Local Body is
entitled to augment its financial resources by
cancelling the existing licenses and put into
Auction the shops.
12. In Tamil Nadu Municipal Shop
Merchants Association v. State of Tamil Nadu
[AIR 2000 Mad 393], it has been held that
leases/licences of Municipal properties cannot
become a heritable right and that the licencees
cannot be permitted to continue in possession of
shops under the guise of right of renewal.
13. The respondent/Corporation has issued
the Tender Notification and Public Auction for
lease/licence for a period of 3 years from
2019~2022 and the said notification came to be
published on 23.01.2019 and as per General
Condition No.46, it is stated that “While
implementation of Municipal Schemes, the places
for which lease/licenses have been granted, in the
event of requirement, the lessees /licencees shall
hand over the same immediately without
imposing any condition“.
14. No doubt, the appellants/writ
petitioners are having subsisting right as lessees
till 31.03.2025 and in the light of the above cited
decision in Tamil Nadu Municipal Shop
Merchants Association v. State of Tamil Nadu
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W.A.Nos.1799 of 2017
[AIR 2000 Mad 393], leases/licences of
Municipal properties cannot become a heritable
right and that the licencees cannot be permitted
to continue in possession of shops under the
guise of right of renewal and that apart, the
renewal of licences granted in favour of the
appellants/writ petitioners upto 31.03.2025 is
subject to General Condition No.46 of the Tender
Notification and Public Auction dated 23.01.2019
issued by the respondent/Corporation for a
period of three years from 2019-2022."
9 In the light of decisions cited supra, the
licencees of Municipal properties cannot become a heritable
right and that the licencees cannot be permitted to continue in
possession of shops under the guise of right of renewal. Such
view of the matter, we are not inclined to interfere with the
order passed by the learned Single Judge.
10. At this juncture, considering the submission
made by the learned Government Advocate and in the light of
decisions cited supra, the appellants undertakes to settle the
entire arrears to the respondent Municipality within a period
of three months time. On payment of entire arrears to the
respondent Municipality within a period of three months, the
petitioners/appellants shall make a request before the
respondent Municipality for renewal of licence. The
respondent Municipality shall consider the request made by
the petitioners/appellants and take appropriate decision in
accordance with law. However, we make it clear that the
licencees cannot have any legal right for renewal of licence.
If any default on the part of the petitioners/appellants, the
respondent Municipality shall take necessary action by
evicting the licencees from the shops without further notice.
In the interest of revenue to the Municipality, it is for the
Municipality to consider and grant licence to the applicants.
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W.A.Nos.1799 of 2017
With the above directions, the writ appeal stands
disposed of. No costs."
6. Mr.K.Tippusulthan, learned Government Advocate for the
respondent Municipality submitted that based on the aforesaid order of this
Court, the present writ appeal may be disposed of on similar lines.
7. The learned counsel for the appellant agreed that the appellant
undertakes to pay the arrears amount within a period of four months from the
date of receipt of a copy of this order and on payment of entire arrears
amount to the respondent Municipality within the said period, the appellant /
writ petitioner shall make a request to the respondent Municipality for
renewal of licence.
8. In the light of the earlier decision of this Court in respect of the very
same issue, we are not inclined to interfere with the order passed by the
learned Single Judge. However, considering the submission made by the
learned Government Advocate and in the light of decisions cited supra, the
appellant undertakes to settle the entire arrears to the respondent Municipality
within a period of four months time. On payment of entire arrears to the
respondent Municipality within a period of four months, the
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W.A.Nos.1799 of 2017
petitioner/appellant shall make a request before the respondent Municipality
for renewal of licence. The respondent Municipality shall consider the
request made by the petitioner/appellant and take appropriate decision in
accordance with law. However, we make it clear that the licencee cannot have
any legal right for renewal of licence. If any default on the part of the
petitioner/appellant, the respondent Municipality shall take necessary action
by evicting the licencee/appellant from the shop in question without further
notice. In the interest of revenue to the Municipality, it is for the Municipality
to consider and grant licence to the applicant.
9. With the above directions, the writ appeal stands disposed of. No
costs. Consequently, connected miscellaneous petition is closed.
[D.K.K., J.] [P.B.B., J.]
16.08.2023
Index : Yes / No
Internet : Yes / No
Jvm
To
The Commissioner,
Villupuram Municipality,
https://www.mhc.tn.gov.in/judis
W.A.Nos.1799 of 2017
Villupuram.
D.KRISHNAKUMAR, J.,
AND
P.B.BALAJI, J.
Jvm
W.A.No.1799 of 2017
https://www.mhc.tn.gov.in/judis
W.A.Nos.1799 of 2017
16.08.2023
https://www.mhc.tn.gov.in/judis
