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2012 DIGILAW 2113 (MAD)

Balasubramani v. Commissioner, Coimbatore City Municipal Corporation

2012-04-27

R.SUDHAKAR

body2012
Judgment :- 1. These writ petitions have been filed to issue a writ of certiorarified mandamus directing the second respondent herein to quash the notice dated 16.03.2012 and direct the respondents to enhance the rent due to their respective shop in keeping with the terms of G.O.Ms.No.92 dated 03.07.2007. 2. In all these writ petitions, each one of the petitioners are allotted shops under the first respondent and they claim that their licence is valid till 31.03.2013, 1.4.2013, 31.03.2013, 01.04.2013, 31.03.2013, 31.03.2013, 30.06.2014, 31.03.2013 respectively. The impugned orders under challenge is a demand enhancing the monthly rent based on G.O.Ms.No.147, dated 30.12.2000. The petitioners main plea is that the demand is not in consonance with the Government Order. G.O.Ms.No.92, dated 30.07.2007 and the enhancement of rent can be done only at the end of the licence period and not before as in the present case. 3. In this regard, the association has given a representation to both the respondents on 22.03.2012 pointing out the error in demand of revised rent. It is stated that the occupiers of the shop have paid their amount under protest in order to avoid eviction proceedings. The petitioners in all these cases who have not paid the enhanced rent are also entitled to pay the amounts in respect of their shop under protest and without prejudice to their right. It is stated that they have given representation to the Commissioner setting out their grievance as above and all the writ petitioners are also signatories to that representation and the learned counsel now pleads that a direction may be given to consider this plea on merits. 4. Each one of the petitioners is entitled to give further representation to the first respondent pointing out the infirmity in the demand made by the respondent authorities. However, the petitioners have agreed to pay the rental amount under protest and agitate their grievance that the demand is contrary to G.O.Ms.No.92, dated 03.07.2007, and the respondents in all these cases are directed to consider and dispose of the representation of the individuals as well as the association, by passing a speaking order setting out the basis on which enhanced demand is made. The said exercise has to be completed within a period of six weeks, from the date of receipt of a copy of this order. The said exercise has to be completed within a period of six weeks, from the date of receipt of a copy of this order. Based on the final decision to be taken, the rent already deposited or to be deposited under protest will be adjusted. If the petitioners are still aggrieved by the decision taken by the respondent authorities, they are entitled to pursue appropriate remedy as per law. These writ petitions are disposed of, on the above terms. No costs. Consequently, connected miscellaneous petitions are closed.