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Madras High CourtWP/9162/2022dismissed as infructuous

M.Bhavani v. The District Collector

2022-04-13Honourable Dr Justice Anita Sumanth2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.04.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.9162 of 2022 and W.M.P.No.8925 of 2022 M.Bhavani ... Petitioner Vs

1. The District Collector, Villupuram District, Villupuram.

2. The Commissioner, Villupuram Municipality, Villupuram.

3. The Treasury Officer / Revenue Officer, Villupuram Municipality, Villupuram.

4.G.K.Mani ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd and 3rd respondents to renewal the license of lease hold rights for a further period of 1 year from 01.04.2022 to 31.03.2023 for collecting the rents in respect of the Fish, Dried Fish Shops and Mutton Shops situated at Old Market, Mahatma Gandhi Road, near New Bus Stand, Villupuram Municipality, Villupuram in pursuant of the order passed by the 2nd Respondent in Na.Ka.No.10221/2019/A1 dated 30.03.2021 and not to call for the fresh auction in any other places within the limits of Villupuram Municipality till the completion of the petitioner's lease hold period (i.e., 2021-2024) and consequently direct the 2nd respondent to permit the petitioner to open the Fish and other shops daily at 5.00 a.m. instead of 7.00 a.m. as continuously.

For Petitioner : Mr.C.Samivel For Respondents: Mr.D.Ravichander (for R1 to R3) Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/

O R D E R

Mr.D.Ravichander, learned Special Government Pleader, who accepts notice for R1 to R3, would circulate a copy of proceedings in Na.Ka.No.10221/2019/A1 dated 31.03.2022, disposing the representation of the petitioner wherein, the identical prayer as put forth before this Court, has been made. 2.The prayer is for a Mandamus directing the Commissioner and the Treasury Officer/Revenue Officer of Villupuram Municipality to renew the licence / lease hold rights for a further period of one year from 01.04.2022 to 31.03.2023.

3. In light of the rejection order dated 31.03.2022, mandamus as sought for is not liable to be granted. The petitioner is granted liberty to challenge the order dated 31.03.2022 that has been served upon the petitioner and received by him on the same date.

4. As nothing further survives in this Writ Petition, the same is dismissed as infructuous. No costs. Connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar Jeni/vs To

1. The District Collector, Villupuram District, Villupuram.

2. The Commissioner, Villupuram Municipality, Villupuram.

3. The Treasury Officer / Revenue Officer, Villupuram Municipality, Villupuram.

+1cc to Mr.C.Samivel, Advocate, S.R.No.26286 +1cc to the Government Pleader, S.R.No.26374 W.P.No.9162 of 2022 SPD(CO) CT 27/04/2022 https://hcservices.ecourts.gov.in/hcservices/