AI Structured Summary
Not yet generated for this judgment
Judgment
R. Sudhakar, J.—The writ petition has been filed by the Petitioner calling for the records of the Respondent relating to his proceedings Na.
Ka. No. 7819/09/A3 dated 28.01.2011 and Na. Ka. No. 7819/01/A1 dated 16.03.2011 and quash the same and further direct the Respondent
to determine the daily rent for the shops occupied by the members of the Petitioner''s association at Railway Station Road, Pallavaram, as per the
order of this Court in W.P. No. 11276 of 2002 dated 15.11.2010.
Heard Mr. J. Saravana Vel, learned Counsel for the Petitioner and Mr. S. Shivashanmugam, learned Government Advocate for the
Respondent.
This Court, in W.P. No. 11276 of 2002, on 15.11.2010, passed the following orders:
It is the grievance of the Petitioner that the Government Order passed in G.O. Ms. No. 147, Municipal Administration and Water Supply dated
30.12.2000 has not been followed in letter and spirit. It is the further grievance of the Petitioner that the order impugned does not show the basis
upon which the amount has been fixed as rent. Inasmuch as no counter affidavit has been filed, this Court is constrained to dispose of the writ
petition with the relevant materials available on record.
It is no doubt true that the demand has been raised by enhancing the rent based upon the resolution of the Respondent after taking into
consideration of the Government Order passed. However, the order impugned does not indicate the basis upon which the amount has been fixed
especially when it is the contention of the Petitioner that the Government Order has not been followed in letter and spirit. Hence, taking into
consideration of the above said fact, the order impugned is set aside and the Respondent is directed to issue a show cause notice proposing to
enhance the rent. The Respondent is also directed to furnish copies of the resolution as well as the Government Order along with the show cause
notice to the members of the Petitioner. Thereafter on consideration of the reply given by the members of the Petitioner, the Respondent is directed
to pass appropriate final orders. The Respondent is directed to complete the said exercise within a period of three months from the date of receipt
of a copy of this order.
It is seen that by virtue of the interim order of this Court, the members of the Petitioner had been paid Rs. 15/-per day. Therefore, considering
the above said fact the members of the Petitioner are directed to pay the same amount till the final orders are passed by the Respondent.
Based on the direction as above. The authority passed the orders on 28.01.2011 and 16.03.2011 determining the amount to be paid. This was
based on the Government Orders and the resolution of the municipality. The Petitioner''s grievance once again is that they have not been given
proper opportunity to put forward their objections and they do not know the basis on which the amount has been arrived at. Therefore prejudice is
pleaded.
After notice, the Respondent produce a copy of the proceedings dated 28.03.2011 in Na. Ka. No. 7819/2001/A1, based on which the amount
that has been determined and claimed has been explained. Though it has not been specifically stated that it is a show cause notice, on instructions,
the learned Counsel for the Respondent submitted that earlier notices dated 28.01.2011, 16.03.2011 shall be read along with the present notice
dated 28.03.2011 as show cause notice and the Petitioner should give a reply to the same within a time frame and authorities will take final
decision and pass appropriate orders on merits as directed by this Court.
In view of the above, without going into the merits of the case, the Petitioner are given liberty to give a detailed reply to the notices dated
28.1.2011, 16.3.2011 and 28.3.2011 in Na. Ka. No. 7819/2001/A1, within a period of seven days from the date of receipt of the copy of this
order. The authorities on receipt of the reply will take a final decision as per law and procedure. Copy of the proceedings that has to be treated as
show cause notice has been handed over to the Petitioner, who is present in person in the Court, even though it is stated by Respondents that it has
been sent to Petitioner by post.
In view of the earlier order, the Petitioners shall continue to pay the amount as directed by this Court, by its order dated 12.03.2002, till a final
decision is taken by the authorities pursuant to order of this Court in this writ petition.
The writ petition is disposed Consequently, connected M.P. is closed. of as above. No costs.