C MUNUSAMY Vs. COMMISSIONER

JUDGEMENT

(1.) THE Petitioner seeks for a Writ of Certiorarified Mandamus to call for and quash the Notice Na.Ka.No.5649/99/ C2 dated 29.02.2000, passed by the Respondent and to direct the Respondent - Arakkonam Municipality to collect the rent of Rs.370/- per month as fixed in the Public re-auction held on 17.12.1990.

(2.) BACKGROUND facts: The Respondent Municipality owns about 213 shops in the daily Nalangadi Market in Arakkonam. In the year 1990, the Respondent decided to auction the right to occupy 12 shops on monthly rental basis for a period of three years by way of Tender cum Auction. On 20.08.1990, the tenders were opened in public and the highest offer of Rs.615/- made by the Petitioner was accepted. Though the Petitioner's offer was accepted, there were some difficulties for the Respondent in completing the auction process. Subsequently the Respondent allowed the Petitioner to occupy the shop. In 1995 when the proceedings confirming auction was issued in Na.Ka.C2/10558/90, since five years had elapsed after the tender process, the Respondent added 15% with the rent and fixed the rent at Rs.708/- [Rs.615 + 15%] and the Petitioner was allotted Shop No.E-1.

(3.) DRAWING the attention of the court the various writ proceedings initiated by the Petitioner and also the Civil suits filed by the Petitioner and other members of the Association, the learned Counsel for the Respondent has submitted that the Petitioner is squatting on the property without paying any rent and that there is huge arrears of rent. It was also submitted that the impugned Notice was issued to the Petitioner calling upon him to pay the arrears of rent of Rs.40,440/- and without paying the rent, the Petitioner has hurriedly filed the Writ Petition.