ORIENTAL CANVAS COMPANY REP BY ITS PROPRIETOR RAMESH KUMAR JAIN Vs. ASSISTANT REVENUE OFFICER, ZONE-5, GREATER CHENNAI CORPORATION

JUDGEMENT

(1.) By consent, all the writ appeals are taken up final disposal and disposed of by this common judgment as the issue to be adjudicated in these writ appeals are one and the same.

(2.) The petitioner claims to be the Licensee in respect of Shop No.F8, Corporation Shopping Complex, Wall Tax Road, Chennai-79 and he was granted license to occupy the said shop in the year 2000 and the total area of the shop is 840 sq.ft and presently, he is paying a rent of Rs.8.85 per sq.ft + (Service Tax). Originally license amount was fixed at Rs.5.00 per sq.ft. The appellant / writ petitioner was willing to pay Rs.4.00 per sq.ft, however he agreed and started paying the license amount. The appellant to his shock and surprise was informed by the respondent that the rate of license has been increased to Rs.300 per sq.ft vide Resolution No.086/2017 dated 21.02017 and called upon the petitioner to renew the Agreement by accepting to the pay enhanced license amount or in the alternate, to vacate the shop and handover the possession of the same. The appellant has sent a detailed response dated 24.10.2017 praying for furnishing all information as to the ground for enhancing the license amount and also prayed for furnishing relevant documents and it was also followed by a further representation dated 19.11.2017. The respondent vide communication dated 24.11.2017, proceedings No.k/m/5.t/J/e/f/vz;/3645/2017. has cited the reasons for enhancing the license amount and the petitioner challenging the legality of the proceedings in and by which, the license amount has been enhanced, came forward to file WP.No.2210 of 2017.

(3.) The petitioner claims to be the Licensee in respect of Shop No.F9, Corporation Shopping Complex, Wall Tax Road, Chennai-79 and it is the storage area of his brother's Company M/s.Oriental Canvas Company / appellant in WA.No.689/2018 and the total area of the shop is 840 sq.ft and presently he is paying a rent of Rs.6.00 per sq.ft + (Service Tax). Originally license amount was fixed at Rs.5.00 per sq.ft. The appellant / writ petitioner was willing to pay Rs.4.00 per sq.ft, however he agreed and started paying the license amount. The appellant to his shock and surprise was informed by the respondent that the rate of license has been increased to Rs.32.00 per sq.ft vide Resolution No.086/2017 dated 21.02.2017 and called upon the petitioner to renew the Agreement by accepting to pay the enhanced license amount or in the alternative to vacate the shop and handover the possession of the same. The appellant has sent a detailed response dated 24.10.2017 praying for furnishing all information as to the ground for enhancing the license amount and also prayed for furnishing relevant documents and it was also followed by a further representation dated 19.11.2017. The respondent vide communication dated 24.11.2017, proceedings No.k/m/5.t/J/e/f/vz;/3645/2017. has cited the reasons for enhancing the license amount and the petitioner challenging the legality of the proceedings in and by which, the license amount has been enhanced, came forward to file WP.No.2211 of 2017.