A.TAJUDEEN Vs. COMMISSIONER OF MUNICIPAL

JUDGEMENT

(1.) This Writ Petition has been filed challenging the impugned order of the 3rd respondent and quash the same and consequently forbear the respondents from either in anyway dispossessing the petitioner or demanding or collecting the arrears of rent or auctioning the property as claimed in the proceedings.

(2.) The case of the petitioner is that he is the tenant of then Trichirappalli Corporation premises bearing No.3, Madurai Road, Trichirappalli. Originally, the lease amount was low and after the Municipal become Corporation, the lease amount was raised. Ultimately, during the year 1998, the rent was refixed by the Corporation at Rs.618/- per month and the rents have been regularly paid without any default. Subsequently, in the year 2001, the 2nd respondent issued a notice for renewing the lease for a period of 3 years from 01.04.2001, the petitioner has to apply to the Corporation for extension of lease and also further stated that within 15 days of notice, he has to appear before the 2nd respondent Corporation with all relevant documents.

(3.) The learned counsel appearing for the petitioner would submit that initially, the rent, which was fixed is enhanced to Rs.773/- after following the norms prescribed in G.O.Ms.No.147, dated 30.12.2000. The Municipal Corporation after passing the resolution fixed the rent at Rs.773/- from the old rent at Rs.618/- from the year 2001 onwards. When the petitioner continuously paying the enhanced rent as per the said G.O., however, without giving opportunity to the petitioner, the 3rd respondent has enhanced the rent from Rs.773/- to Rs.18,000/-, which is exorbitant and unsustainable one. Accordingly, he prayed for appropriate orders.