M/S. SREE ANNAPOORNA SREE GOWRISHANKAR HOTELS PRIVATE LIMITED Vs. THE ASSISTANT COMMISSIONER, CENTRAL ZONE

JUDGEMENT

(1.) The licensee of the Shop Nos.20, 21 and 25 to 27 in Commercial Complex at Gandhipuram Central Bus Stand, Coimbatore has filed these writ petitions, challenging re-fixation of rent by the respondent-Corporation.

(2.) The case of the petitioner is that in the auction held in the year 1995, the petitioner became the licensee of the said shops and as per the G.O.Ms.No.147, dated 30.12.2000, the respondent had decided to extend the licence instead of auctioning the shops. Based on G.O.Ms.No.92, Municipal Administration and Water Supply Department, dated 03.07.2007, the respondent-Corporation has decided to raise the monthly rent at 15% for those, whose lease period has completed by three years and revised the licence fee for those whose lease period has completed nine years.

(3.) The petitioner would state that the respondent-Corporation by issuing notice Na.Ka.No.10119/2012/A1 (M), dated 17.07.2014, increased the licence fee based on the resolution of the Coimbatore Corporation. The petitioner challenged the revision of licence fee in W.P.Nos.26006, 26007, 26872, 26873, 26874 of 2014. While admitting those writ petitions, this Court granted interim order of stay on condition that the petitioner shall pay 50% of the difference between the enhanced rent and old rent, together with the old rent. While those writ petitions were pending, again through notice Na.Ka.No.4934/2017/A2(M), dated 26.12.2017, rent was increased by 15%. Hence, the subsequent Writ Petitions have been filed.