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C. SARAVANAN
P. ChandraAdithya – Appellant
Versus
Government of Tamil Nadu, Represented by its Secretary, Municipal Administration and Water Supply, Department, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records of the second respondent Committee order fixing the lease value as Rs.40/- per sq.ft of the Petitioner-s Plot in his proceedings in Na.Ka.No.3622/2017/A2 dated 28.10.2021 and the consequential demand order of the third respondent fixing the lease value of Rs.40/- per sq.ft vide his proceedings in Na.Ka.No.4662/2016/A1 dated 29.11.2021 and demand notice Na.Ka.No.4662/2016/A1 dated and demand notice Na.Ka.No.4662/2016/A1 dated 18.04.2022 and to quash the same and further direct the Respondents to consider the Petitioner-s case both sympathetically and legally and fix the fair lease amount for the vacant land occupied by the Petitioner in Big Plot No.4-B measuring 384 sq.ft. in Duraiswami Reddiyar Market, Tambaram, Chennai – 600 045.)
By this common order all these writ petitions are being disposed of.
2. The dispute pertains to Duraiswami Reddiyar Market in Tambaram Corporation earlier Tambaram Municipality. The respective petitioners are holding lands under their control and have put up shops in Duraiswami Reddiyar Market in differ
The central legal point established in the judgment is the application of G.O.(Ms).No.92, Municipality Administration and Water Supply Department dated 03.07.2007, which mandated a 15% increase in re....
The court upheld the rent fixed by the Committee as fair, emphasizing the petitioner's failure to prove valid ownership of the land.
The court affirmed that landlords can seek fixation of fair rent under statutory law even during the existence of a long-term lease agreement.
The government must act fairly and reasonably when fixing lease rents, reflecting public policy, and cannot unilaterally revise contract terms against original agreements.
Point of Law : Every State action must be informed by reason and it follows that an act uniformed by reason is per se arbitrary.
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