Madras High Court
Unknown vs A.Abdul Kalam Azad on 30 November, 2023
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.A.(MD).Nos.63 of 2023 and etc., batch
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on 06.11.2023
Pronounced on 30.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
and
THE HONOURABLE MRS.JUSTICE R.KALAIMATHI
W.A.(MD)Nos.63 of 2023, 30 of 2023, 31 of 2023, 319 of 2023, 117 of
2023, 1530 of 2022, 155 of 2023, 157 of 2023, 156 of 2023, 1118 of 2022,
32 of 2023, 33 of 2023, 49 of 2023, 60 of 2023, 62 of 2023, 97 of 2023,
98 of 2023, 158 of 2023, 165 of 2023, 245 of 2023 and 313 of 2023
and
C.M.P.(MD).Nos.2096 of 2023, 2109 of 2023, 2094 of 2023, 360 of 2023,
362 of 2023, 3567 of 2023, 364 of 2023, 366 of 2023, 1098 of 2023, 3007
of 2023, 12877 of 2022, 1408 of 2023, 1410 of 2023, 1513 of 2023, 2088
of 2023, 3533 of 2023, 498 of 2023, 682 of 2023, 685 of 2023, 690 of
2023, 8863 of 2022 and 2149 of 2023
W.A.(MD)No.63 of 2023
1.The Commissioner,
Tirunelveli Corporation,
Tirunelveli District,
Tirunelveli.
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W.A.(MD).Nos.63 of 2023 and etc., batch
2.The Assistant Commissioner,
Melapalayam Zone,
Tirunelveli Corporation,
Tirunelveli District,
Tirunelveli. ... Appellants
Vs.
A.Abdul Kalam Azad ... Respondent
PRAYER: Writ Appeal is filed under Clause 15 of Letter Patent, against the
order of this Court dated 14.07.2022 in W.P.(MD).No.10427 of 2022.
For Appellants : Mr.Veera Kathiravan
Additional Advocate General
assisted by Mr.S.P.Maharajan
Special Government Pleader
For Respondent : Mr.M.Vallinayagam, Senior counsel
for Mr.T.Sakthikumaran
COMMON JUDGMENT
[Judgment of the Court was made by R.KALAIMATHI,J.]
The Commissioner of Tirunelveli Corporation and the Assistant
Commissioner of Melapalayam Zone of Tirunelveli Corporation have
preferred these writ appeals against the orders passed in W.P.(MD).Nos.
10427, 10467, 10413, 10465, 10425, 10394, 10450, 10408, 10461, 10396,
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W.A.(MD).Nos.63 of 2023 and etc., batch
10479, 10462, 10388, 10389, 10429, 10474, 10390, 10424, 10466, 10456
and 10391 of 2022, dated 14.07.2022.
2. As the issues to be determined in these writ appeals are similar in
nature, we have heard the matters together and they are disposed of by
this common judgment.
3. The writ petitions were filed by the respondents praying to call for
the records relating to the eviction order published through public notice
dated 18.05.2022, passed by the Commissioner of Tirunelveli Corporation,
published in the daily newspaper in Dinamani on 18.05.2022 and to quash
the same as illegal and consequently, to give a direction to the present
appellants to allow the respondents to continue the lease of shops they had
in occupation up to the year 2025 by duly collecting the rent already fixed in
accordance with law.
4. The learned Additional Advocate General Mr.Veera Kathiravan
assisted by the learned Special Government Pleader Mr.S.P.Maharajan,
appearing for the appellants would contend that G.O.(Ms.)No.92 reads that
the lease can be renewed for two consecutive 3 years period and the said
G.O. stipulates that the lease can be further extended for a period of three
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W.A.(MD).Nos.63 of 2023 and etc., batch
years and for further block period of nine years, based on the rent to be
fixed on the basis of market value prevailing on the particular date and if it
is not accepted by the lessee / licensee, they can go for public auction. He
would also drew the attention of this Court that as per G.O.(Ms.)No.92,
Municipal Administration and Water Supply Department dated 03.07.2007,
every three years there must be an enhancement of 15% of the existing
lease amount fare. The total block period is nine years, which ended on
02.07.2016.
5. The learned Additional Advocate General would also submit that
out of 130 existing leaseholders, 94 of them have agreed for enhanced
monthly rent of Rs.225/- per sq.ft. fixed by the Corporation and continue to
pay the enhanced rent and 33 lessees did not have interest to pay the
revised rent. Therefore, as the lessees have failed to pay the revised rent
continuously for three months, their licences were cancelled and the public
notice was issued to that effect.
6. Mr.M.Vallinayagam, learned Senior counsel appearing for
Mr.T.Sakthi Kumaran, learned counsel for the respondents, would
vehemently argue that the Corporation has extended the lease period of
the respondents' shops for a period of 9 years from 18.07.2016 to
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W.A.(MD).Nos.63 of 2023 and etc., batch
18.07.2025 and the rents were being paid to the Corporation without
default in payment. The impugned eviction order was passed without
issuing any show cause notice, which is against the principles of natural
justice. It is his further argument that the Corporation wanted to revise the
rent by fixing Rs.225/- per sq.ft., for the old shopkeepers on par with new
shopkeepers, which is not correct. The eviction order was published only in
the daily newspaper by way of paper publication.
7. Heard the arguments of the learned Additional Advocate General
Mr.Veera Kathiravan appearing for the appellants / Tirunelveli Corporation
and Mr.M.Vallinayagam, learned Senior counsel appearing for the
respondents.
8. The writ petitioners claim that the first respondent leased the
shops belonging to Tirunelveli Corporation by collecting a sum (varies) as
rental advance and security deposit for three years from 2007 by allotment
order. The rental amount was fixed at the time of allotment of the shops
and the petitioners are running business in the said shops.
9. It was contended that the said lease period was extended every
three years to till date by enhancing the rent at 15% for every nine years as
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W.A.(MD).Nos.63 of 2023 and etc., batch
per the norms in vogue and the petitioners are paying the revised rent
including G.S.T. on or before 10th of every month without any default. The
respondents, as per the proceedings in Na.Ka.No.A1-1305-2015, extended
the lease period for further nine years on 18.07.2016 (i.e., till 18.07.2025),
by collecting the renewal fee of Rs.1,000/- and the petitioners further claim
that on 21.08.2020, the first respondent, by his proceedings in Na.Ka.No.
6526/2015/E1, issued a Circular to the shopkeepers Sangam demanding
them to co-operate for the new construction of shops on the Northern and
Western side of the bus stand next to the existing shops under the Smart
City Scheme.
10. It was further contended that all of a sudden, the first respondent,
without any prior show cause notice, passed an eviction order through
public notice in Dinamani and Dinakaran daily newspapers on 18.05.2022,
based on the proceedings of the first respondent in nt.M.vz;.
114/2022/nrknjhm/jpyp ehs; 17.05.2022. The said notice is extracted
hereunder:-
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W.A.(MD).Nos.63 of 2023 and etc., batch
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W.A.(MD).Nos.63 of 2023 and etc., batch
11. It appears that as per the Smart City Scheme, an amount of Rs.
39,00,00,000/- was allocated for constructing two additional bus stop
platforms, 60 new shops, multi level car parking, theme park were planned
and they were constructed. In the bus stand, there are 130 shops in the
old building. The market rent was fixed at Rs.225/- per sq.ft. and out of 130
shops, 97 existing leaseholders accepted the enhanced monthly rent and
occupied the shops and the remaining 33 lessees filed these writ petitions
to quash the public notice stating that the revised rent would apply for the
new shops as well as the old shops, which is not correct and for want of
show cause notice, the public notice viz., the eviction order to be quashed.
12. Admittedly, the respondents were lessees in occupation of
premises for several years by paying monthly rents to the first appellant
herein. The Municipal Corporation is under obligation to implement various
schemes and to provide facilities, for which it needs huge amount and the
same can be augmented only, by collecting licence fee, rent, tax etc. For
effective public administration, the Authority should strive for same and
shall make all possible endeavour to augment revenue in order to do better
facilities for the welfare of the public. More so, it is the constitutional
mandate. To achieve economic status to greater heights, constant
endeavour in this regard is expected. In order to undo the inequals,
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W.A.(MD).Nos.63 of 2023 and etc., batch
implementing of more welfare activities are expected. The respondents
hitherto enjoyed the concession extended to them. The learned Additional
Advocate General would submit that similar writ appeals were ordered
bearing in mind about the public importance and it was also confirmed by
the Hon'ble Supreme Court.
13. Based on the aforesaid discussions, these Writ Appeals are
allowed and the order impugned dated 14.07.2022 in W.P.(MD) Nos.10427,
10467, 10413, 10465, 10425, 10394, 10450, 10408, 10461, 10396, 10479,
10462, 10388, 10389, 10429, 10474, 10390, 10424, 10466, 10456 and
10391 of 2022 are set aside. However, the respondents are at liberty to
submit an application for renewal of the lease, accepting the rate of Rs.
225/- per square feet on or before 15th December, 2023, failing which the
appellants are directed to proceed to evict the respondents and conduct
public auction by following the procedures as contemplated. In respect of
the unoccupied shops, the appellants shall conduct open public auction.
No costs. Consequently, connected Miscellaneous Petitions are closed.
[S.M.S.,J.] & [R.K.M.,J.]
30.11.2023
NCC : Yes/No
Index : Yes/No
Internet : Yes/No
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W.A.(MD).Nos.63 of 2023 and etc., batch
S.M.SUBRAMANIAM,J.
and
R.KALAIMATHI,J.
akv
Pre. delivery judgment made in
W.A.(MD)Nos.63 of 2023, 30 of 2023, 31 of 2023, 319 of 2023, 117 of
2023, 1530 of 2022, 155 of 2023, 157 of 2023, 156 of 2023, 1118 of 2022,
32 of 2023, 33 of 2023, 49 of 2023, 60 of 2023, 62 of 2023, 97 of 2023,
98 of 2023, 158 of 2023, 165 of 2023, 245 of 2023 and 313 of 2023
30.11.2023
https://www.mhc.tn.gov.in/judis
