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Madras High CourtWP/6110/2022dismissed

Arumugam v. The Executive Officer

2022-03-16Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.03.2022

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.NO.6110 OF 2022 Arumugam ... Petitioner .Vs.

1. The Executive Officer, Jalakandapuram, Selection Grade Panchayat, Salem District.

2. The Chairman, Jalakandapuram, Selection Grade Panchayat, Salem District.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the proceedings of the order passed in Na.Ka.No.22/2022 dated 08.03.2022 on the file of the first respondent in so far the serial No.2 and quash the same and direct the first respondent to issue the order in favour of the petitioner for collecting the fee in daily market of the first respondent for the year of 2022-2025.

For Petitioner :

Mr.M.Senthilkumar For Respondents :

Mr.P.Balathandayutham Special Government Pleader For R1 Mr.A.Selvendran Special Government Pleader For R2

ORDER

This writ petition has been filed challenging the auction notification issued by the first respondent Town Panchayat for collecting fees in the daily market.

2. According to the petitioner, the petitioner is the previous lessee and the lease period expired on 31.03.2021. Due to Covid-19 pandamic , he was not able to collect the fee in the daily market. Hence, he made a representation before the respondent seeking for extension of lease and the same was not considered. Hence, the petitioner approached this Court by way of a writ petition in W.P.No.28173 of 2021, and this Court by an order dated 19.01.2022, directed the respondents to consider the petitioner's application seeking for extension of time. But without passing any orders on the petitioner's application, now the 2nd respondent called for a fresh public auction. Hence, the present writ petition.

3. The learned Special Government Pleader appearing for the respondents, on instructions, submitted that earlier, lease was granted for the period from 2018 to 2021. After expiry of the lease, on the request of the petitioner, the lease was extended upto 31.03.2022, on payment of lease amount. But suppressing the said fact, earlier, the petitioner had filed a writ petition as if the lease period was expired on 31.03.2022. In the said writ petition, this Court passed an order directing the respondents to consider the petitioner's request for extension. He further submitted that since the extension was already granted for a period of one year, the petitioner has no right to challenge the auction notification.

4. This Court considered the submissions made on either side and perused the materials available on records carefully.

5. From the perusal of the records, it could be seen that the lease period was expired in March 2021. Thereafter, the lease has been periodically extended initially for a period of 3 months. Thereafter, on the request made by the petitioner, the lease period was further extended upto 31.03.2022. The said fact was not disclosed in the earlier writ petition filed by the petitioner. Since already one year extension was granted to the petitioner, no further extension could be granted to the petitioner and the petitioner hals no right to challenge the public auction notification. I find no merit in the writ

petition and it is liable to be dismissed.

6. Accordingly, this writ petition is dismissed. No costs. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar mrp To 1.

The Executive Officer, Jalakandapuram, Selection Grade Panchayat, Salem District.

2.

The Chairman, Jalakandapuram, Selection Grade Panchayat, Salem District.

W.P.NO.6110 OF 2022 SKM(CO) PBS/05/04/2022