M. VIJAYAKUMARI AND ORS. Vs. THE SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT AND ORS.

JUDGEMENT

(1.) THE petitioners who are enjoying the property, without paying the amount of Rs. 12,000/ - which they quoted in the auction conducted on 21.04.2015 for the shops under their occupation have come before this court stating that the monthly rent is on the higher side so also Rs. 2,00,000/ - fixed as security deposit is exorbitant challenging the order dated 07.05.2014 passed by the third respondent.

(2.) THE petitioners are lessees in respect of shops owned by the third respondent Udumalpet Municipality. The lease came to an end on 31.03.2015 and therefore the third respondent issued paper publication on 03.04.2015 inviting sealed tenders for the auction to be conducted on 21.04.2015. The said auction was conducted on 21.04.2015 for many shops and for the petitioners shop no one participated except the petitioners. The auction price was fixed as Rs. 12,000/ - unilaterally by the fourth respondent and he threatened the petitioners if the petitioners did not accept Rs. 12,000/ - as monthly rent, he will be thrown out. Left with no other go as they invested much amount in the business, the petitioners were compelled to agree for the same.

(3.) THE learned counsel for the petitioners would submit that there is no resolution before passing the impugned order. When excess amount or exorbitant amount has been fixed by the respondent, the said decision is tainted with malafides and therefore he seeks to set aside the order.