Mr.M.Maharaja, learned Special Government Pleader, takes notice for the respondents. By consent, the main writ petition itself is taken up for disposal at the admission stage itself. 2. The petitioner has filed the above writ petition to issue a writ of certiorari to call for the records of the 1st respondent in proceedings dated 12.05.2017 and to quash the same.
3. According to the petitioner, he is occupying the premises situated at No.22, Dr. Natesan Road, Triplicane, Chennai on lease basis, on a monthly rent of Rs.18,800/- since 09.02.2009, after paying a sum of Rs.6,40,595/-, the arrears of the erstwhile lessee and after paying donation of Rs.1,41,045/- to the 1st respondent. The 1st respondent increased the rent by 15% at Rs.20,700/- from 20.11.2013. Subsequently, by notice dated 01.02.2017, the 1st respondent proposed to increase the rent at Rs.84,150/- per month. The petitioner, by her letter dated 15.02.2017 raised objections for the said proposal. Thereafter, by the impugned order dated 12.05.2017, the 1st respondent had fixed the rent at Rs.66,300/- with effect from 01.07.2016 along with arrears of Rs.1,10,019/-. Challenging this order, the petitioner has filed the above writ petition.
4. Mr.Ravindran, learned Senior Counsel appearing for the petitioner submitted that the 1st respondent has passed the impugned order, fixing the fair rent at Rs.66,300/-, without forming the Fair Rent Fixation Committee and without giving an opportunity of hearing to the petitioner.
5. Mr.M.Maharaja, learned Special Government Pleader, appearing for the respondents submitted that the fair rent has been fixed only by the Fair Rent Fixation Committee consisting of the Joint Commissioner, Deputy Commissioner and the District Registrar. The learned Special Government Pleader has also produced the proceedings of the Committee, fixing the fair rent at Rs.66,300/-. However, the learned Special Government Pleader, fairly submitted that since the learned Senior Counsel for the petitioner contended that no opportunity of hearing was given to the petitioner, the impugned order may be set aside and the matter may be remitted back to the 2nd respondent for fresh consideration, after giving an opportunity of hearing to the petitioner.
6. In view of the submissions made by the learned counsel on either side, since the petitioner was not given an opportunity of hearing, the impugned order dated 12.05.2017 is liable to be set aside solely on that ground.
7. Accordingly, the impugned order dated 12.05.2017 is set aside and the matter is remitted back to the 2nd respondent for fresh consideration.
The 2nd respondent is directed to give an opportunity of personal hearing to the petitioner and dispose of the matter within two weeks from the date of receipt of a copy of this order. It is needless to say that the respondents shall furnish a copy of the report of the Committee to the petitioner. At this juncture, Mr.Maharaja, learned Special Government Pleader submitted that he would serve a copy of the Committee's report to the petitioner today itself. The petitioner is directed to appear before the 2nd respondent for hearing on 03.07.2017 and he is also at liberty to produce all the documents before the 2nd respondent.
With these observations, the writ petition is allowed. No costs.
Connected miscellaneous petition is closed.
29.06.2017 rg Note: Issue on 30.06.2017 Index: Yes/No Internet: Yes/No Speaking Order/Non -Speaking Order To
1. The Joint Commissioner/Executive Officer, Arulmigu Parthasarathy Swamy Temple, Triplicane, Chennai – 600 005.
2. The Joint Commissioner, rep. by its Commissioner, Hindu Religious and Charitable Endowments Department, 119, Uthamar Gandhi Salai, Nungambakkam,Chennai – 600 034.
M. DURAISWAMY,J.
rg W.P. No. 16207 of 2017 & W.M.P. No. 17514 of 2017 29.06.2017 http://www.judis.nic.in