S.Ravichandran v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 07.04.2016

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.Nos.13147, 13148 and 13149 of 2016 and W.M.P.Nos.11519, 11520 and 11521 of 2016 S.Ravichandran, S/o.Sithayan ..Petitioner in W.P.Nos.13147 & 13148/16 K.C.Murugasamy S/o.Senniyappan ..Petitioner in W.P.Nos.13149/2016 vs.

1. The Secretary to Government, Municipal Administration and Water Supply Department, Fort St.George, Chennai - 600 009.

2. The Commissioner, Gobichettipalayam Municipality, Gobichettipalayam, Erode District.

.. Respondents in all W.Ps.

Writ petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for records with respect of impugned proceedings of the second respondent herein dated 26.02.2016 in Na.Ka.No.4700/2015/A3 and quash the same, consequently, direct the second respondent to re-fix the rent to the shop Nos.2 & 3 and 5, IUDP, New Bus Stand, Gobichettipalayam, Erode, by considering G.O.(Ms) No.92, Municipal Administration and Water Supply Department (MAWS) (Na.Ni4) dated 03.07.2007 and allot the said shop to the petitioner.

For Petitioners :Mr.R.Nalliyappan (in all W.Ps.) For Respondents :Mr.R.Rajeswaran, Special Government Pleader [R1] Mr.G.Thangapandian [R2] *****

C O M M O N O R D E R By consent, the main Writ Petitions itself are taken up for final disposal. Heard Mr.R.Nalliyappan, learned counsel for petitioner, Mr.R.Rajeswaran, learned Special Government Pleader, who accepts notice for first respondent and Mr.G.Thangapanidan, learned counsel, who accepts notice for second respondent.

2. Petitioners seek for issuance of writs of certiorarified mandamus to quash the proceedings of the second respondent dated 26.02.2016 passed in Na.Ka.No.4700/2015/A3 and to direct the second respondent to re-fix the rent to the shop Nos.2 & 3 and 5, IUDP, New Bus Stand, Gobichettipalayam, Erode, by considering G.O.(Ms) No.92, Municipal Administration and Water Supply Department (MAWS) (Na.Ni4) dated 03.07.2007.

3. Petitioners are lessees of shops owned by the second respondent Municipality. Admittedly, all the petitioners continue as lessees for more than nine years. Now the petitioners seek for continuation of lease for further period and in this regard, they have relied on G.O.(Ms) No.92, Municipal Administration and Water Supply Department (MAWS) (Na.Ni4) dated 03.07.2007. Petitioners would state that they are ready and willing to offer higher lease amount and request the second respondent Municipality to consider their offer.

4. It is admitted by petitioners that as on date no auction has been conducted. Be that as it may, just because the petitioners are lessees for more than nine years, they do not have any vested right to continue the lease and if they still are desirous of holding the lease hold right then the only remedy available to them is to participate in the auction cum tender that may be invited by the second respondent Municipality. However, with a view to pre-empt such a move, the petitioners have submitted representations to the authorities requesting them to consider their plea.

5. In the light of the above observations, this Court cannot issue any positive direction to the second respondent to consider the petitioners' representation as it appears that the second respondent proposes to conduct public auction cum tender. In any event, the petitioners may be informed as to what the second respondent proposes to do and only to that extent, there shall be a direction to the second respondent to consider the petitioners' representations and pass orders on merits and in accordance with law within a period of three weeks from the date of receipt of a copy of this order.

The Writ Petitions are disposed of with the above direction. No costs. Consequently, the connected miscellaneous petitions are closed.

gm s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To

1. The Secretary to Government, Municipal Administration and Water Supply Department, Fort St.George, Chennai - 600 009.

2. The Commissioner, Gobichettipalayam Municipality, Erode District.

+ 3 ccs to Mr.R.Nalliyappan, Advocate SR 22260, 22258, 22259 + 1 cc to Govt.Pleader SR 22533 rsy(co) prk11/4 W.P.Nos.13147, 13148 and 13149 of 2016