Madras High CourtWP/9895/2017disposed of

S.Rajinikanth v. The State Of Tamil Nadu

2017-04-21Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.04.2017

CORAM

The Honourable MR. JUSTICE M.DURAISWAMY W.P.No.9895 of 2017 and W.M.P.No.10897 of 2017 S.Rajinikanth [ Petitioner ] Vs 1 The State of Tamil Nadu rep by Secretary to Government Municipal Administration and Water Supply Department Fort st George, Secretariat, Chennai-09 2 The Executive Officer Selection Grade Town Panchayat Chengam Town and Taluk Thiruvannamalai District [ Respondents] Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the 2nd respondent to renew the lease period i.e. 01.04.2017 to 31.03.2020 for a period of three years to continue to run the pay and use Toilet situated in Chengam New Bus Stand Chengam Taluk Thiruvannamalai District by receiving the enhanced lease amount of 15% as per G.O.Ms. No.92 dated 3.07.2007 issued by the Municipal Administration and water supply Department by considering the petitioners representation dated 22.03.2017.

For Petitioner : Mr.B. Sundara Pandian For Respondents : Mr.S.Diwakar, SGP (R1) Mrs.M.Lalitha, (R2)

ORDER

Mr.S.Diwakar, learned Special Government Pleader, takes notice for the 1st respondent and Mrs.M.Lalitha, learned counsel takes notice for the 2nd respondent.

2. By consent, the main writ petition itself is taken up for final disposal at the admission stage itself.

3. The petitioner has filed the above writ petition to issue a writ of mandamus directing the 2nd respondent to renew the lease period from 01.04.2017 to 31.03.2020 for a period of three years to continue to run the pay and use toilet situated in Chengam New Bustand, Chengam Taluk, Tiruvannamalai District, by receiving the enhanced lease amount of 15% as per G.O.Ms.No.92 dated 03.07.2007 issued by the Municipal Administration and Water Supply Department, by considering the petitioner's representation dated 22.03.2017.

4. The learned counsel appearing for the petitioner submitted that inspite of the petitioner's representation dated 22.03.2017, the 2nd respondent has not considered the same and passed orders so far.

5. The learned Special Government Pleader appearing for the 1st respondent submitted that the 2nd respondent may be directed to consider the petitioner's representation dated 22.03.2017 for renewal of lease period in accordance with law, within a time frame.

6. Having regard to the submissions made by the learned counsel on either side, taking into consideration the relief sought for by the petitioner in the writ petition, without expressing any opinion with regard to the merits of the case, I direct the 2nd respondent to consider the petitioner's representation dated 22.03.2017 and pass orders on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.

With the above observation, the writ petition is disposed of. No costs. Connected miscellaneous petition is closed. Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar rg To

1. The Secretary to Government Municipal Administration and Water Supply Department Fort st George, Secretariat, Chennai-09

2 The Executive Officer Selection Grade Town Panchayat Chengam Town and Taluk Thiruvannamalai District +1cc to Mr.A. Rajesh Kanna, Advocate Sr. 24238 W.P.No.9895 of 2017 SKV(CO) VR(27/4/2017)