S.M. NAIR Vs. STATE OF TAMIL NADU REP. BY THE SECRETARY HOUSING & URBAN DEVELOPMENT DEPARTMENT & ORS.

JUDGEMENT

(1.) The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus calling for the records of the respondents relating to the order dated 20.05.2005 issued by the second respondent, bearing R.C.No.17204/00/B2 and to quash para 5 of the same in so far as it imposes the pre-condition of withdrawal of cases and payment of dues on that basis for considering sale of shop on outright basis to the petitioner and to consequently direct the second respondent to sell the Shop No.33 in the Thirumangalam Commercial Complex to the petitioner at the rate of Rs. 2300/- per sq.ft. by executing sale deed on receipt of the sale amount from the petitioner.

(2.) The case of the petitioner is that vide proceedings of the second respondent dated 23.03.1994, the petitioner was allotted shop no.33, which is used by the petitioner for his office purpose, on monthly rent of Rs. 5,148/- with specific condition that on expiry of initial period of two years, the extension will be granted for further period of two years with enhancement of rent by an increase of 15% and thereafter, second extension of two years by an increase of 20% and next extension of two years by 20% and next extension of two years by 25% and next extension of two years by 30% and on further condition that the allotted shop should not be used for gambling or anti-social purpose. The area allotted should be used exclusively for office purpose and not for residential use.

(3.) The petitioner would further state that he has been in occupation and possession of the shop premises and was using the same from 1994-1996. The petitioner indicated his willingness to continue for a further period of two years by letter dated 05.08.1996 and also confirmed that he will act in accordance with the terms and conditions of the proceedings dated 23.04.1994.