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IN THE HIGH COURT OF JUDICATURE AT MADRAS
J.SATHYA NARAYANA PRASAD, J
N.R.Thirumurthy – Appellant
Versus
Commissioner, Municipal Administration – Respondent
ORDER
The petitioner has filed the writ petition seeking for issuance of a writ of certiorarified mandamus to call for the records of the impugned proceedings vide Na.Ka.No.8453/2021/R-2 dated 17.12.2021 on the file of the 1st respondent and proceedings in Na.Ka.No.2372/2021/A6 dated 12.04.2022 on the file of the 2nd respondent herein and consequently forbear the respondents from interfering with the petitioner's peaceful possession and occupation of the premises Municipal Girls Higher Secondary School, Udumalpet Road, Pollachi.
2. The case of the petitioner is that the Respondent Municipality called for a public auction-cum-tender on 02.08.2013 for leasing out the building own by the respondent Municipality situated near Municipal Girls Higher Secondary School, Udumalpet Road, Pollachi for a monthly rent of Rs.91,119/-. The petitioner participated in the auction and was declared as successful bidder and subsequently entered into a lease agreement with the respondent Municipality for 99 years which has to be renewed for every three years. The rent per month was fixed at Rs.91,119/- and as per the terms of the lease agreement, a sum of Rs.50,00,000/- was deposited with the Municipalit
Unilateral rent increases by a Municipality without notice or personal hearing violate principles of natural justice, necessitating remand for proper procedure.
The eviction notice was set aside due to violation of natural justice, as the petitioner was not given the opportunity to respond to the allegations before the order was issued.
The court emphasized the necessity of adhering to principles of natural justice, mandating personal hearings before property seizure actions are taken by municipal authorities.
A party cannot seek relief while simultaneously disobeying court orders, and the government has the authority to fix lease amounts based on prevailing market values.
The court established that decisions affecting property rights must adhere to principles of natural justice, ensuring affected parties are given the right to be heard.
The court held that once a bid is accepted in a public auction, it cannot be invalidated based on subsequent complaints without evidence of fraud or collusion.
The court ruled that disputes arising from private lease agreements are not subject to writ jurisdiction and must be resolved through civil law remedies.
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....
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