Chandrasekar Ramachandran v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.08.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.11042 of 2022 and W.M.P.No.10639 of 2022 Chandrasekar Ramachandran

...Petitioner

Vs.

1.The District Collector, Collectorate Villupuram District, Collector Office Road, Moovendar Nagar, Villupuram - 605 602.

2.The Executive Officer, Vikravandi Town Panchayat, Vikravandi, Villupuram.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings passed by the second respondent herein in their proceedings in Na.Ka.No.A1/136/2020/ dated 06.04.2022 and quash the same and further direct the respondents to renew the Lease thereby permitting the petitioner to continue running the Community Welfare Centre for the year 1/6

2022-2023.

For Petitioner : M/s.Mitraneshaa BS M/s.K.Abhirame M/s.Sunny Sheen Akkara For Respondent 1 : Mr.N.Naveen Kumar Government Advocate For Respondent 2 : Mr.M.Shahjahan

O R D E R

The writ petition is field challenging the order passed by the second respondent dated 06.04.2022, rejecting the request of the petitioner seeking renewal of the lease in respect of Community welfare Centre for the year 20222023. 2.It is the case of the petitioner that he is a successful bidder for managing the Community welfare Centre situated in Vikravandi for the year 2018-19. The initial lease period was one year. Subsequently, the same was extended every year by mutual consent of the petitioner as well as the second respondent. When the petitioner submitted a representation to the second respondent on 09.04.2022, seeking renewal of the lease for the year 2023, the 2/6

impugned order came to be passed stating that the Town Panchayat passed a resolution for shifting of Town Panchayat office from the present location to the Community welfare Centre.

3.The learned counsel appearing for the petitioner submits that the representation of the petitioner dated 09.04.2022 was received by the second respondent on 11.04.2022 as seen from the reference No.2 in the impugned order. However, the impugned order said to have been passed even prior to that on 06.04.2023. The learned counsel for the petitioner further submits that it is clear, on the face of it, that the representation submitted by the petitioner has not been considered at all. The impugned order is passed with sole aim of terminating the lease.

4.Mr.N.Naveen Kumar, learned Government Advocate takes notice for the first respondent. Mr.M.Shahjahan, learned counsel appearing for the second respondent submits that the lease period of the petitioner is already over and therefore, the petitioner has no vested interest for continuation of the lease. The learned counsel further submits that the petitioner cannot take advantage of any typographical error in the impugned order. 3/6

5.A perusal of the impugned order would suggest that the same was signed by the second respondent on 06.04.2022. However, the impugned order also refers to the application of the petitioner dated 11.04.2022. Had it been passed on 06.04.2022, absolutely there was no occasion for the second respondent to refer the application submitted by the petitioner on 11.04.2022. Therefore, the impugned order has been passed without considering the request made by the petitioner. In view of the discrepancy mentioned above, the impugned order is liable to be set aside and accordingly, the same is set aside.

6.The second respondent is directed to consider the request made by the petitioner in his representation dated 09.04.2022 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. It is needless to say the request made by the petitioner has to be considered on merits, without being influenced by anything said in this order.

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7.With the above direction, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 03.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nti To 1.The District Collector, Collectorate Villupuram District, Collector Office Road, Moovendar Nagar, Villupuram - 605 602.

2.The Executive Officer, Vikravandi Town Panchayat, Vikravandi, Villupuram.

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S.SOUNTHAR , J.

nti W.P No.11042 of 2022 03.08.2023 6/6