M. LAKSHMANAN Vs. COMMISSIONER

JUDGEMENT

(1.) This writ petition has been filed challenging the order of the first respondent dated 21. 05. 2013 directing the petitioners to pay the fair rent for the leased premises in accordance with the fair rent fixed by the Fair Rent Fixation Committee based on the guideline value of the property as on 01. 04. 2012. Under the impugned order dated 21. 05. 2013, the first respondent has observed that transfer of tenancy rights in favour of the petitioners in respect of the rented premises will be done only if the petitioners accept the fair rent fixed in the year 2012 by the Fair Rent Fixation Committee and if they fail to pay the said fair rent, the impugned order stipulates that the Executive Officer is at liberty to implement the impugned order. Aggrieved by the same, this writ petition has been filed.

(2.) Heard Mr. E. Ganesh, learned counsel for the petitioner and Mr. R. Venkatesan, learned Government Advocate appearing for respondents 1 and 2.

(3.) The learned counsel for the petitioners drew the attention of this Court to the impugned order of the first respondent, which was passed under Section 21 of the Tamil Nadu H. R. & C. E. Act, (hereinafter referred to as HR & CE Act), 1959. According to him, aggrieved by the order dated 21. 08. 2012 passed by the Joint Commissioner, HR & CE, Vellore under Section 78 of the HR & CE Act declaring the petitioners as encroachers, the petitioners preferred a revision under Section 21 of the HR & CE in RP No. 43 of 2012 D2 before the first respondent.