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2007 Supreme(Mad) 3065

V.RAMASUBRAMANIAN
M. K. M. Geeyavudeen – Appellant
Versus
Commissioner, Pudukottai Municipality, Pudukkottai – Respondent


Advocates Appeared:
For the Petitioners:R.P. Ramachandran, D. Rajakittu, A.L. Gandhimathi, Advocates.
For the Respondent:P. Srinivas, Advocate.

Judgment :

1. All these writ petitions have been filed by the lessees of various shops owned by the Pudukkottai Municipality, challenging individual communications issued to the petitioners enhancing the monthly rent for the shops, for the purpose of grant of renewal of the leases for a period of 3 years from 1.4.2007.

2. Heard Mr. R.P. Ramachandran, learned counsel for the petitioners in all these writ petitions and Mr. P. Srinivas, learned Standing counsel for the respondent.

3. The enhancement of monthly rent for the shops in question is challenged by the petitioners on the ground that the enhancement is exorbitant and that the fixation has been made in an arbitrary manner in violation of the Government instructions prescribing an increase of 15% over and above the existing rent. The enhancement is sought to be defended by the Municipality on the ground that the Municipal Council passed a resolution on 29.3.2007, resolving to enhance the rent for all the shops whose leases became due for renewal and that the monthly rent was determined on the basis of the market rate of rent prevailing in the area.

4. A perusal of the impugned notices shows two things namely-

(a) that the exist






























































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