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2024 Supreme(Online)(MAD) 34459
HIGH COURT OF MADRAS
Hon`ble Mr Justice S.M. SUBRAMANIAM
K.CHIDAMBARAM – Appellant
Versus
THE SECRETARY AND AGRICULTUR – Respondent
Government waivers of rent during emergencies must align with statutory provisions and cannot be judicially enforced when contrary to established public policy.
Headnote:
Rent - Tenancy - Tamil Nadu Agricultural Produce Marketing (Regulation) Act, 1987 - Sections 89(3) - The court upheld the government's decision not to waive rent for tenants during the Covid-19 lockdown, reinforcing that such waivers are subject to government policy and not universally applicable.
Fact of the Case:
The petitioners, tenants in a regulated market, sought rent waiver for the lockdown period due to COVID-19. They challenged the government's rejection of their claims for waiver per a government order applicable to other entities, arguing for similar relief.
Issues: Whether the government can grant a waiver of rent for tenants in the Tiruppur Market Committee during the COVID-19 lockdown period consistent with applicable regulations?
Ratio Decidendi: The court held that the waiver of rent is a public policy decision made by the government, which cannot be extended universally by the judiciary, particularly when statutory provisions do not support such waivers.
Final Decision: The writ petitions are dismissed due to lack of merit, with no order as to costs.
C O M M O N O R D E R
The rejection of the claim of the writ petitioners for waiver of rent for the lockdown period from 01.04.2020 to 06.09.2020, is under challenge in these writ petitions.
2. The petitioners are the tenants in occupation of the shops and stalls in the Tiruppur Regulated Market Area.
3. The grievances of the petitioners are that the Municipalities, Town Panchayats for grant of benefit of waiver of rent by the Government in G.O.(D) No.298, Municipal Administration and Water Supply (MA.IV) Department, dated 02.09.2020 during Covid-19 lockdown period. Accordingly, the petitioners also submitted their representations to the Authorities to grant waiver of rent during the lockdown period.
4. Earlier, the petitioners filed writ petitions and this Court directed the Government to consider the representations of the petitioners and to pass orders on merits.
5. Accordingly, the Government considered the request of the petitioners in detail and formed an opinion that the shops are constructed by Tiruppur Market Committee based on Government Order and let out on monthly rental basis in the rent fixed by the Executive Engineer, Tamil Nadu State Agricultural Marketing Board as per Section 89 (3) of Tamil Nadu Agricultural Produce Marketing (Regulation) Rules, 1991.
6. Due to spread of Covid-19, the Government of Tamil Nadu in G.O.Ms.No.172, Revenue and Disaster Management Department, dated 25.03.2020, has issued directions for complete lockdown. From 24.03.2020. the shops and buildings in Tirupur Market Committee were closed as per the Government Order. The tenants were not asked to pay the rent during the lockdown period and thereafter the return of normalcy and when the shops were functioning normally the tenants were informed to pay the rent for the lockdown period. However, the petitioners have not paid their rent as of now.
7. The Market Committee is functioning under Tamil Nadu Agricultural Produce Marketing (Regulations) Act, 1987 and its Rules, 1991, the waiver of rent for the shops functioning on rental basis in Market Committee are not provided under the Act and the Rules.
8. The Government Order issued in G.O.Ms.No.298, Municipal Administration and Water Supply (MA.IV) Department, dated 02.09.2020, do not apply to Tiruppur Market Committee functioning under the Department of Agricultural Marketing and Agri business.
9. Therefore, the waiver of rent granted by the Government for consideration of certain other shops cannot be applied to Tiruppur Market Committee. Thus the cases referred by the petitioners are not applicable to Tiruppur Market Committee and as far as the Tirupput Market Committee is concerned, there is no such waiver of rent granted by the Government and hence the claim of the petitioners are unsustainable.
10. This Court is of the considered opinion that the Government granted waiver of rent and further extended certain benefits by way of policy decisions. Such decisions are taken in the public interest and to mitigate emergency circumstances during Covid-19 pandemic period. Therefore, general exemptions cannot be granted, which would result in financial constraints to the Government. More-so, the decision for grant of waiver of rent is to be taken by the Government and the Court cannot in exercise of the powers of judicial review, extend the benefit of waiver of rent to be paid in accordance with law.
11. This being the principles, the claim of the petitioners since rejected by the Government, this Court cannot grant waiver of rent in exercise of the powers of judicial review. Therefore, the respondents are at liberty to recover the rent as applicable by following the due process of law.
12. Thus, the writ petitions are devoid of merits and stand dismissed. However, there shall be no order as to costs. Consequently, the connected miscellaneous petitions are also dismissed.
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1.The Secretary and Agricult
