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Madras High CourtWP/12610/2021disposed of

N.V.Ravi v. The Executive Officer

2024-10-14Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.10.2024

CORAM

THE HON'BLE MR. JUSTICE G.K. ILANTHIRAIYAN and W.M.P.No.13407 of 2021 N.V. Ravi ... Petitioner Vs.

1. The Executive Officer, Podhaturpet Town Panchayat, Podhaturpet - 631 208.

2. The Assistant Director, Town Panchayats, Thiruvallur Zone, Office Complex of the District Collector, Thiruvallur.

3. The District Collector, Thiruvallur District, Office of the District Collector, Thiruvallur.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to compensate the petitioner by extending the period of lease to collect the rent for the market place in on daily and weekly basis by 7 months during the period he could collect the rent in respect of the lease period 01.04.2020 to 31.03.2021 once the situation becomes normal and free from Covid - 19 1/4

pandemic.

For Petitioner :

Mr. D. Nellaiappan For Respondents :

Mr. M. Venkateswaran for R1 Mr. C. Kathiravan Special Government Pleader for R2 and R3

ORDER

This Writ Petition has been filed for a direction, directing the first respondent to compensate the petitioner by extending the period of lease to collect the rent for the market place in on delay and weekly basis by seven months during the period in which he could not collect the rent i.e., from 01.04.2020 to 31.03.2021.

2. The petitioner was awarded lease from the first respondent for the period 2019 - 2022 to collect rent for the market place from daily and weekly basis. Since he was the successful bidder in the public auction, conducted by the first respondent, during the Covid - 19 pandemic, the petitioner could not able to collect the rent during the lockdown period. Therefore, the petitioner sought for extension of lease period by way of depositing lease amount paid by the petitioner. 2/4

3. The Government has issued G.O.Ms.No.298, Municipal Administration and Water Supply (MA .IV) Department, dated 02.09.2020, waiving the payment of lease / rental amount towards payment for shops, stalls, annual leases for cycle / taxi stands, weekly shandis and daily markets, for the year 2020 - 2021, during the nation-wide lockdown period from 01.04.2020 to 31.05.2020. Accordingly, the respondents are directed to consider the request made by the petitioner in the light of G.O.Ms.No.298, Municipal Administration and Water Supply (MA .IV) Department, dated 02.09.2020 and dispose of the representation made by the petitioner and disburse the lease amount to the petitioner within a period of eight weeks from the date of receipt of a copy of this order.

4. Accordingly, this writ petition is disposed of. No Costs. Consequently, the connected miscellaneous petition is closed. 14.10.2024 Index : Yes/No Speaking Order : Yes / No ab 3/4

G.K. ILANTHIRAIYAN. J., ab To

1. The Executive Officer, Podhaturpet Town Panchayat, Podhaturpet - 631 208.

2. The Assistant Director, Town Panchayats, Thiruvallur Zone, Office Complex of the District Collector, Thiruvallur.

3. The District Collector, Thiruvallur District, Office of the District Collector, Thiruvallur.

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