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Madras High CourtWP/5387/2018dismissed

M.Murgesan, v. The Assistant Director

2018-03-13Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2018

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.5387 of 2018 and W.M.P.No.6629 of 2018 M.Murugesan .. Petitioner

Versus

1.The Assistant Director, Town Panchayats, Dharmapuri - 5, Dharmapuri District.

2.The Executive Officer, Pennagaram Selection Grade Town Panchayat, Pennagaram - 636 810, Dharmapuri District.

.. Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents to renew the licence period for collection of Toll Charges for Cycle Stand at Pennagaram Bus Stand, Pennagaram, Dharmapuri District for the period of three years in terms of G.O.Ms.No.92, Municipal Administration and Water Supply Department, dated 03.07.2007 forthwith.

For Petitioner : Mr.M.R.Jothimanian For Respondents : Mr.V.Shanmuga Sundar Special Government Pleader

O R D E R

Heard Mr.M.R.Jothimanian, learned counsel for the petitioner and Mr.V.Shanmuga Sundar, learned Special Government Pleader for the respondents.

2. This writ petition has been filed seeking for issuance of writ of mandamus, directing the respondents to renew the licence period for collecting the Toll Charges for Cycle Stand at Pennagaram Bus Stand, Pennagaram, Dharmapuri District, as per G.O.Ms.No.92, Municipal Administration and Water Supply https://hcservices.ecourts.gov.in/hcservices/

Department, dated 03.07.2007.

3. This Court had already taken a consistent view that the existing lessees have no right to seek automatic renewal of licence and it is open to the local authority to take a decision, whether to extend the licence or to bring it for auction.

4. The learned Special Government Pleader submitted that the second respondent had already decided to bring it for auction and a notification was issued on 07.3.2018, fixing a date for conducting auction on 14.3.2018.

5. In the light of the above facts, this Court does not find any merits in this writ petition. Hence, this writ petition fails and the same is dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Ms Sd/- Assistant Registrar /TRUE COPY/ Sub-Assistant Registrar To 1.The Assistant Director, Town Panchayats, Dharmapuri - 5, Dharmapuri District.

2.The Executive Officer, Pennagaram Selection Grade Town Panchayat, Pennagaram - 636 810, Dharmapuri District.

+1CC to Mr.M.R.Jothimanian, Advocate in SR.NO. 18789/18 W.P.No.5387 of 2018 and W.M.P.No.6629 of 2018 SR[CO] MLT-28/03/2018 https://hcservices.ecourts.gov.in/hcservices/