Charlas vs. The Commissioner
Facts
The petitioner, a shopkeeper in a Corporation-owned bus stand, is challenging a demand notice dated July 29, 2025, issued by the Assistant Commissioner, Tirunelveli Corporation. The petitioner's shop was leased for three years from 2021, with rent fixed at Rs. 2,27,775/-. The Corporation later attempted to revise the rent to Rs. 225/- per sq. ft., which was challenged by shopkeepers. This led to litigation, culminating in the Supreme Court's order dated December 13, 2023, in SLP(C) Nos. 27248-27249 of 2023, directing the rent to be refixed at Rs. 140/- per sq. ft. The petitioner contends that despite this Supreme Court order, the respondents are demanding rent at Rs. 225/- per sq. ft. and even at an enhanced rate of Rs. 258.75 per sq. ft., violating the Supreme Court's directive.
Held
The Court held that the Demand Notice dated July 29, 2025, issued by the Assistant Commissioner, Tirunelveli Corporation, was in direct violation of the Supreme Court's order dated December 13, 2023. The Supreme Court, in its order, had directed the refixing of rent at Rs. 140/- per sq. ft. based on a representation made by the first respondent (Corporation) itself. Therefore, any demand for rent exceeding this rate was contrary to the Apex Court's directive. The Court found support for this view in a similar judgment from this High Court. Consequently, the Court allowed the writ petition. The impugned Demand Notice was quashed, and the respondents were directed to refix the rent at Rs. 140/- per sq. ft. per month, as mandated by the Supreme Court. No costs were awarded, and connected miscellaneous petitions were closed.
Key Issues
1. Whether the Demand Notice dated July 29, 2025, issued by the Assistant Commissioner, Tirunelveli Corporation, is in violation of the Supreme Court's order dated December 13, 2023, in SLP(C) Nos. 27248-27249 of 2023, which directed the refixing of rent at Rs. 140/- per sq. ft. (Question of law). Petitioner's arguments: The petitioner argued that the Supreme Court's order clearly stipulated that the rent should be refixed at Rs. 140/- per sq. ft. The demand notice, which seeks to collect rent at Rs. 225/- per sq. ft. and an enhanced rate of Rs. 258.75 per sq. ft., directly contravenes this order. The petitioner also relied on a similar judgment from this High Court in W.P.(MD) No. 21972 of 2025, etc. batch, dated August 12, 2025. Respondents' arguments: The judgment records no specific arguments from the respondents regarding the demand notice or its compliance with the Supreme Court's order.
AI-generated summary — verify with the full judgment below
W.P(MD)No.31192 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2025 CORAM THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)No.31192 of 2025 and W.M.P(MD)Nos.24425 & 24426 of 2025 Charlas
..Petitioner
Vs 1.The Commissioner, Tirunelveli Corporation, Tirunelveli – 627 001, Tirunelveli District. 2.The Assistant Commissioner, Melapalayam Zone, Tirunelveli Corporation, Tirunelveli 627 001, Tirunelveli District.
..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records relating to the Demand Notice dated 29.07.2025 issued by the 2nd respondent and quash the same and consequently direct the respondents to refix the rent at the rate of Rs.140/- per sq ft per month as directed by the Honble Supreme Court of India in respect of other shopkeepers in the order dated 13.12.2023 passed in SLP(C) No.27248-27249 of 2023 to be paid by the petitioner, within a time limit to be fixed by this court. For Petitioner : Mr.S.Srikanth For Respondents : Mr.A.Sivanupandian
1/8 https://www.mhc.tn.gov.in/judis
W.P(M
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