S.Murthy v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN S.Murthy ... Petitioner in W.P.No.8873 of 2023 P.Gowrishankar ... Petitioner in W.P.No.8877 and S.Sampath Kumar ... Petitioner in W.P.No.8878 of 2023 ..Vs..

The Commissioner, Chennaimalai Panchayat Union, Chennaimalai, Erode District.

.. Respondents in all cases Prayer in W.P.Nos.8873 and 8879 of 2023:- Writ Petition is filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondent to consider the representation dated 29.12.2022 and renew the lease for the Shop No.2, in Vellodu Commercial Complex, Erode for a period from 2023 to 2026.

Prayer in W.P.No.8877 of 2023:- Writ Petition is filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondent to consider the representation dated 29.12.2022 and renew the lease for the Shop No.3, in Vellodu Commercial Complex, Erode for a period from 2023 to 2026.

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Prayer in W.P.No.8878 of 2023:- Writ Petition is filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondent to consider the representation dated 29.12.2022 and renew the lease for the Shop No.4, in Vellodu Commercial Complex, Erode for a period from 2023 to 2026.

For Petitioners : Mr.Dr.A.Thiyagarajan, Senior Counsel in all cases For Mrs.V.Vinupradha For Respondent :Mr.S.Arumugam, Government Advocate in all cases *******

O R D E R

The petitioners who were successful bidders for the shop Nos.2,3 and 4 in Vellodu Commercial Complex, Erode for a period from 2023 - 2026. Earlier, the petitioners were successful bidders and their license had been renewed periodically i.e., 2011-2014, 2014-2017, 20142017, 2017-2020 and 2020-2023. By an order dated 16.06.2020, the respondent granted permission to the petitioners have running a shops for the 3 years period in the said order and also stated that no further extension of lease period will be granted. The said term comes to end on 31.03.2023. Hence, the respondent gave for for public auction on 24.03.2023.

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2. The learned Senior Counsel appearing for the petitioner could contend that the he is eligible for one more 3 years and hence he made a representation.

3. Without expressing any view and on merits of the petitioners claim and earlier resolution passed by the Chennaimalai Panchayat Union resolution No.84, the second respondent shall consider the representation made by the petitioners and pass orders in accordance with law within a period of two weeks from the date of receipt of a copy of this order. No costs.

21.03.2023 Index:Yes/No To The Commissioner, Chennaimalai Panchayat Union, Chennaimalai, Erode District.

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RMT.TEEKAA RAMAN,J., nvi 21.03.2023 4/4