Chennai, Jan. 20 (PTI) The Madras High Court has directed the Tamil Nadu Housing Board (TNHB) to complete within 30 days, the exercise of fixing a fair rent and calculate the arrears of rent and communicate the same to the Anna Nagar Tower Club, at downtown Anna Nagar here.
Justice S M Subramaniam gave the direction while disposing of on Wednesday a writ petition from the Club, by its secretary E Ravichandran, challenging an order dated June 9, 2016 of the Executive Engineer of the TNHB.
The order claimed that Rs 52.25 lakh remained towards arrears of rent as on June 2016.
The judge directed the petitioner-club to settle the arrears of rent to the Board within four weeks. In the event of failure, the Housing Board can initiate all appropriate actions to evict the petitioner-club from the premises and recover all dues, compensations and penalty etc., by following the procedures as contemplated under law, the judge added.
The petitioner stated that the club had paid a substantial sum of Rs 20 lakh by way of arrears of rent. But, still the Board was demanding the arrears of rent. Hence, the present petition in 2016.
The judge pointed out that the June 2016 communication cannot be construed as a cause for filing this writ petition. The Board had demanded payment of rental arrears and the representations submitted by the petitioner were considered and the petitioner-club was treated as a defaulter and therefore, was liable for penal action.
“This Court is of the opinion that the petitioner being a Club, are bound to follow the bye-laws approved by the competent authority and also abide by the terms and conditions of the allotment issued by the TNHB. In the event of any violation, the Board is competent to initiate action for eviction. This being the factum established, the Board is directed to ascertain the arrears of rent as of now and further consider whether the rent fixed is in commensuration with the actual market rental value prevailing in that locality or not.
All appropriate actions to be initiated to fix the fair rent and collect the arrears of rent from the petitioner-Club and in the event of failure, all appropriate actions are to be initiated including eviction of the petitioner-Club from the premises,” the judge said.
In the event of any violation or otherwise, the competent authorities of the Registration Department is empowered to initiate action for cancellation of registration of the petitioner-Club and it is needless to state that the jurisdictional police authorities are also empowered to monitor the activities of the petitioner-Club and if any irregularity or illegality is identified, then immediate actions are to be initiated in the manner known to law. In the event of initiation of any action, the intimation must be provided to the Registration Department as well as TNHB for all appropriate actions, the judge added. PTI COR VGN ROH ROH
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