B RAGUNANDHAN Vs. COMMISSIONER, MUNICIPAL CORPORATION

JUDGEMENT

(1.) The appellant is the writ petitioner. The appellant / writ petitioner filed W.P.No.1997 of 2017, praying for issuance of writ of Certiorarified Mandamus to call for the entire records relating to the impugned order of the respondent namely the Commissioner, Corporation of Erode dated 31.12.2016 in and by which, the license period was enhanced subject to the condition that the appellant/writ petitioner should pay the new license fee of Rs.97,060/- per month.

(2.) It is the case of the writ petitioner / appellant that the original license fee was Rs.30,573/- per month and he was paying it regularly and without affording any opportunity or whatsoever, there was a manifold increase of the license amount to the tune of Rs.97,060/- per month, with consequential demand for arrears and since unfair procedure has been adopted by the respondent, the appellant / writ petitioner came forward to file the above said writ petition for setting aside the said impugned order.

(3.) The writ petition was entertained and respondent has filed the counter affidavit stating among other things that since license for particular shops, under the control of Erode City Municipality, were due for renewal, the work of fixing the rents for the shops was undertaken and a Committee was also constituted consisting of the City Engineer, Executive Engineer, Assistant Executive Engineer, Assistant Commissioner (Admin), Assistant Commissioner (Revenue) and Assistant Revenue officer, Junior Engineer Zone II and Bill Collector Zone 4 and the Committee had gone into all the aspects and also taking into consideration the Public Works Department rates, has fixed the rate at Rs.23/- per sq.ft., in respect of the shops located on the First Floor of the Bus Stand and in respect of the shops located on the Ground Floor, the rate was fixed at Rs.37/- per sq.ft. Since the appellant/writ petitioner was in possession of the shops having plinth area of 4220 sq.ft in which he was running computer center, in terms of G.O.(Standing) No.92, Municipal Administration and Water Supply Department dated 03.07.2007, he was given an offer to pay the increased license amount of Rs.97,060/- with the security deposit of Rs.5,98,383/- and the Profession tax of Rs.2,346/- for the license period between 01.07.2016 to 31.03.2019 subject to other conditions and the appellant/writ petitioner was not interested in accepting the said communication and came forward to file the writ petition.