M. NATARAJAN Vs. COMMISSIONER, TIRUVARUR MUNICIPALITY, TIRUVARUR

JUDGEMENT

(1.) Heard Mr. M.K. Subramanian, learned counsel representing Mr.K.Sukumaran, counsel for the petitioner and Mr.J.Ramesh, learned Additional Government Pleader appearing for the respondent and also perused the documents placed before this Court.

(2.) According to the petitioner, he has been in possession and enjoyment of Shop Nos.1 to 4 in the New Bus Stand, Tiruvarur Town, as a lessee. The lease is renewed once in three years and the renewal is subject to payment of the enhanced lease amount. Till today, he has been paying the enhanced rent, without any protest. In the year 2003, he carried out the renovation and repair works of the shops in question, after getting necessary permission from the respondent. While so, the petitioner came to know that the respondent was taking steps to dispossess the petitioner from the shops in question, at the instigation of some third parties. Hence, he has come up with the present writ petition, for a mandamus, forbearing the respondent from in any way interfering with his peaceful possession and enjoyment of the Shops in question, except under due process of law.

(3.) When the matter was taken up for consideration, the learned counsel for the petitioner has drawn the attention of this Court to the receipts for payment of the rent in respect of the shops in question, which have been produced in the form of additional typed set of papers and submitted that the respondent, as per G.O.Ms.No.92 Municipal Administration and Water Supply Department, dated 03.07.2007, has revised the rent for every time, while making renewal of the lease in respect of the shops in question, which is drastically exorbitant, that too, without complying with the principles of natural justice. The learned counsel ultimately, submitted that on earlier occasion, this Court, while dealing with the similar issue of enhancement of rent in terms of G.O.Ms.No.92 dated 03.07.2007, had passed a detailed order in M.Muthusamy and others v. The Commissioner, Palani Municipality, Palani, Dindigul District [W.P(MD)Nos.17966 to 17968 of 2017] decided on 21.09.2017 , the relevant portion of which, for better appreciation, is extracted hereunder: