A.Devan vs The Commissioner
2024 Latest Caselaw 19101 Mad

Madras High Court

A.Devan vs The Commissioner on 27 September, 2024

Author: T.V.Thamilselvi

Bench: T.V.Thamilselvi

                                                                                S.A. No. 1073 of 2010

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 27.09.2024

                                                       CORAM

                              THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

                                                  S.A. No.1073 of 2010
                                                          and
                                                   M.P.No. 1 of 2010

                     A.Devan                                                ... Appellant

                                                     Versus
                     1. The Commissioner,
                        Corporation of Chennai,
                        Rippon Buildings,
                        Park Town, Chennai-3.

                     2. The Revenue Officer,
                        Corporation of Chennai,
                        Rippon Buildings,
                        Park Town, Chennai-3.                               ... Respondents



                     Prayer:- Second Appeal has been filed under Section 100 C.P.C., against

                     the judgment and decree dated 31.12.2009 made in A.S.No.643 of 2007, on

                     the file of Addl. District and Sessions Judge, Fast Track Court No.IV,

                     Chennai confirming the judgment and decree dated 25.07.2007 made in

                     O.S.No.2789 of 2002 on the file of XII Asst. City Civil Judge, Chennai.

                     1/4


https://www.mhc.tn.gov.in/judis
                                                                                      S.A. No. 1073 of 2010




                                        For Appellant           : Mr.K.Thangavelu

                                        For Respondents         : Mr.N.Vijaya Baskar
                                                                   for M/s. Law Vision


                                                          JUDGEMENT

Today, when the matter taken up for hearing, the learned counsel for

Appellant appeared and submitted that since the appellant is 100% of blind

man, the Members of Ward Councillors in Zone-10 in an Ordinary

Committee Meeting held on 28.07.2023 passed a resolution No.405 of 2023

and he was allotted with a Shop No.3 at Ground floor of Commercial

Complex, North Usman Road, T.Nagar, Chennai by refixing the rent of

Rs.7776/- per month from April 2023. Provided, he has already paid the

rent, which was adjusted, however, there is an excessive rent and the same

was also accepted by the learned counsel for Corporation. So, the existing

rent is directed to be adjusted for future monthly rent upto May 2025.

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

2. On perusal of records, it reveals that the appellant already paid a

lumpsum amount of Rs.10,91,536/- towards rent upto 2023 during the

pendency of appeal. But, after the resolution passed, the new rent was fixed,

which was paid by the appellant as excessive and so, the same can be

adjusted as future monthly rent upto May 2025. However, the appellant is

directed to pay the monthly rent regularly as fixed by the Corporation of

Chennai based on the resolution passed on 28.07.2023 on hearing this

appellant also. Accordingly, as nothing survives for further adjudication in

this appeal, this Second Appeal is disposed of. The resolution No.405 of

2023 dated 28.07.2023 passed by the respondents Corporation shall form

part and parcel of this judgment. Consequently, the connected

Miscellaneous Petition is closed. No costs.

27.09.2024

rpp

To Addl. District and Sessions Judge, Fast Track Court No.IV, Chennai.

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

T.V.THAMILSELVI, J.

rpp

27.09.2024

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