V.DURAISAMY Vs. KODAIKANAL MUNICIPALITY

JUDGEMENT

(1.) This writ petition has been filed in the nature of Certiorari, with respect to Impugned Notice in Na.Ka.No.3166/2004/A3, dated 09.04.2019 on the file of the first respondent namely, the Kodaikanal Municipality, which is represented by its Commissioner, Kodaikanal, Dindigul District, with particular reference to the shop of the petitioner, V.Duraisamy, S/o.Vellaisamy, Grocery Shop No.15, Tax Assessment No.10012, Anna Salai, Kodaikanal and to quash the same as illegal.

(2.) In the affidavit filed in support of the writ petition, the petitioner has stated that he is running the said shop and is selling grocery articles in Shop No.15, Anna Salai, Kodaikanal. He has not mentioned the period from which he has been running the shop. It is claimed that the first respondent had issued a notice, dated 09.04.2019, increasing the monthly rent from Rs.815/- to Rs.9,293/- and a demand was also made for a sum of Rs.14,00,265/- as arrears owing to the increase in monthly rent from the year 2003. This amount was directed to be paid within a period of 15 days from the date of receipt of the notice, dated 09.04.2019. This writ petition has been filed questioning the said notice.

(3.) There are a few background facts. Originally, the Kodaikanal Varthagarhal Sangam, represented by its Secretary Mr.M.S.Murugesan, had filed a writ petition in W.P.No.23156 of 2004 questioning a notice, dated 09.02.2004. The same was dismissed for non-prosecution on 15.09.2017. Thereafter, Writ Appeal in W.A.No.347 of 2011 was filed by the Kodaikanal Varthagarhal Sangam and a Division Bench of this Court, examining the averments made in the said Writ Appeal called upon the said Sangam to give a list of it members and accordingly, the list was furnished and in Serial No.2, the petitioner's name, V.Duraisamy, S/o.Vellaisamy is found. The learned Counsel appearing for the petitioner, however, stated that in the Writ Appeal no direction were issued. According to the learned Counsel, the Writ Appeal was with respect to an order to demolish the shops, since they were in a dilapidated condition, whereas, the present writ petition was for payment of arrears of rent, and the grievance is being that no reasons or basis have been given for increase in the rent. However, in the Writ Appeal, the following observation was made in Paragraph No.10 :