R RAMESH KRISHNAN Vs. RASIPURAM MUNICIPAL COUNCIL

JUDGEMENT

(1.) The petitioners have come up with the Writ Petition for the issuance of writ of certiorarified mandamus to quash the order of the second respondent in Na.Ka.No.3097/2016/A2 dated 28.04.2017.

(2.) The case of the petitioners is that they are lessees of the shops owned by the respondents Municipality, after entering into a lease agreement with them, based on which, the lease amount was fixed and it was revised once in every three years. It is submitted that they have been promptly paying the rent to the respondents Municipality without fail and there are no arrears of rent. It is the grievance of the petitioners that the respondents Municipality has exorbitantly increased the monthly rent of the shops without comparing the same with the market value.

(3.) The learned counsel for the petitioners contended that the respondents have taken a decision to renew the lease by revising the rent in an exorbitant rate in an arbitrary and capricious manner. The respondents ought to have adopted a humane and practical approach while fixing the revised rent, and re-fixing the same in such excessive amount is unreasonable. It is further stated that the guideline value of the properties had been reduced to 33% by the State now and fixing it on the higher side, more particularly, asking the petitioners to pay the rent at exorbitant rate, needs to be interfered with by this Court.