M.Mohan, v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24-08-2016

CORAM

THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN W.P. Nos. 17917, 17919, 17920 and 17921 of 2016 & W.M.P. Nos.15614, 15616, 15617 & 15618 of 2016. M.Mohan

...Petitioner in WP.17917/2016

D.Dandapani

...Petitioner in WP.17919/2016

P.Krishnasamy

...Petitioner in WPs.17920 & 17921/2016

Vs.

1. The Commissioner,

2. The Assistant Commissioner, Revenue Department,

3. The Superintendent of Police, Thiruppur District.

(R-3 is impleaded as per order of Court dated 18.8.2016) ... Respondents in all WPs Prayer : Petitions under Article 226 of the Constitution of India praying for issue of Writ of Certiorari Mandamus calling upon the records pertaining to the proceedings of the first respondent in Na.Ka.No.2068/2015/A2 dated 10.3.2016 and quash the same and consequently direct the respondents to permit the petitioners to run the shop by receiving the same rent paid prior to 10.3.2013.

For Petitioner in all WPs :

Mr.K.Vignesh Karthick For Respondents in all WPs :

Mr.S.Silambannan, Senior Counsel for Mrs.P.Shanthi for R1 Mr.P.V. Selvakumar Additional Government Pleader for R2 & R3

C O M M O N O R D E R The respective petitioners have challenged the revised license/ lease amount fixed by the Municipality. The auction was directed to be conducted and that there is no bidder who took part in the auction. Therefore, in that event, the Municipality is left with no other go than to take possession of the premises. However, the learned counsel appearing for the petitioners would submit that the petitioners have already paid the enhanced rent.

2. Mr.S.Silambannan, learned Senior Counsel would submit that so far they have not paid the amount. Therefore, the Municipality is directed to verify whether the petitioners have paid the money and if it is so, the respondent shall enter into a lease/license agreement with the respective petitioners for 3 years and continue the licence. In case, if they have not paid the amount, the respondent is directed to grant three months time to the respective petitioners to vacate the premises and take possession and the respective petitioners shall file their consent letter agreeing to vacate the premises. At the end of three months time, if the petitioners fail to vacate the premises and file their consent letter, the Municipality is directed to take possession with the help of the police force and shall keep the shops under lock and key and without the permission of the Court, they should not be let out.

3. With the above observations, the writ petitions are disposed of. No costs.Consequently, connected miscellaneous petitions are closed.

4. For filing compliance report, call the matter after three months.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar Svn To

1. The Commissioner,

2. The Assistant Commissioner, Revenue Department,

3. The Superintendent of Police, Thiruppur District.

Copy To The Section Officer, Writ Section, High Court, Madras.

(To list the matter) +4cc's to Mr.K.Vignesh Karthick, Advocate, S.R.No.48224 W.P. Nos.17917, 17919, 17920 & 17921 of 2016 TM(CO) CA(12/09/2016)