C Ganapathy vs. The Commissioner, Tirunelveli Corporation

ITEM NO.32

COURT NO.7

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). $27248 27249/2023$

(Arising out of impugned final judgment and order dated 30-11-2023 in WAMD No. 1530/2022 30-11-2023 in WAMD No. 1118/2022 passed by the High Court Of Judicature At Madras At Madurai)

A ABDUL KALAM AZAD

Petitioner(s)

VERSUS

THE COMMISSIONER, TIRUNELVELI CORPORATION & ANR. Respondent $(s)$

(FOR ADMISSION and I.R. and IA No.256367/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.256368/2023-EXEMPTION FROM FILING O.T. and IA No.256366/2023-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES )

Date: 13-12-2023 These petitions were called on for hearing today.

• CORAM: HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE SANDEEP MEHTA
• For Petitioner(s) Mr. Jayanth Muthuraj, Sr. Adv. M/S. Kmnp Law, AOR Mr. Abir Phukan, Adv. Mr. V Shyamohan, Adv. Ms. Eshita Baruah, Adv. Mr. Maaroof, Adv. Ms. Tissy Annie Thomas, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following ORDER

The petitioners are leaseholders of shops from the Tirunelveli Municipal Corporation and are aggrieved by the demand for enhanced lease rental @ Rs 225/- per sq.ft. demanded by the Corporation. 🕊 High Court refused to grant relief to the lessees under the impugned judgment with the observation that for the 130 shops, 97

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existing leaseholders have accepted the enhanced monthly rate and only the remaining 33 lessees have filed the Writ Petition.

Assailing the above, Mr. Jayanth Muthuraj, learned senior counsel, Ms Haripriya Padmanabhan and Mr. Abir Phukan, learned counsel submit that out of those 97 leaseholders who have reportedly accepted the enhanced monthly rate, most of them have filed suit with the projection that they were coerced to accept the enhanced market rate.

It is further submitted that the Municipal Corporation could not secure any person willing to pay the demanded lease rate of Rs 225/- per sq.ft., and therefore, the Corporation on their own have reduced the lease rental to a much lower rate for the first floor shops. The petitioners are willing to match the reduced rate of Rs. 140/- per sq.ft.

Issue notice, returnable in four weeks.

The petitioners have agreed and subject to their furnishing individual undertaking to pay @ Rs. 140 per sq.ft. within three weeks' time, the leaseholders shall not be dispossessed from the respective shops.

(KAPIL TANDON) (KAMLESH RAWAT) COURT MASTER (SH) ASSISTANT REGISTRAR

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