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Madras High CourtWP/21113/2016disposed of

R.Muthusamy v. State

2016-07-28Honourable Mr Justice N. Kirubakaran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.07.2016

CORAM

THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN W.P. Nos. 21113, 21114, 21115, 21125 to 21128, 21224, 21225, 21227 & 21228 of 2016 & W.M.P. Nos. 18043 to 18048, 18066 to 18073, 18141 to 18144, 18147 to 18150 of 2016.

R.Muthusamy ..Petitioner in WP.21113/2016 R.Periyasamy ..Petitioner in WP.21114/2016 R.Ponnusamy ..Petitioner in WP.21115/2016 K.Thirumoorthi ..Petitioner in WP.21125/2016 R.Thirumoorthy ..Petitioner in WP.21126/2016 P.Sathishkumar ..Petitioner in WP.21127/2016 R.S.Govindaraj ..Petitioner in WP.21128/2016 P.Durai ..Petitioner in WP.21224/2016 M.H.Rahamathullah ..Petitioner in WP.21225/2016 K.T.Abdul Haji ..Petitioner in WP.21227/2016 V.Kaliappan ..Petitioner in WP.21228/2016 Vs.

1.

State rep. by the Secretary, Municipal Administration and Water Supply, Fort St. George, Chennai - 600 009.

The Commissioner, Thirupur Corporation, (Formerly Thirupur Municipality), Thirupur, Thirupur District.

..Respondents in all Wps.

Prayer in W.P. No. 21113 of 2015:

Petition under Article 226 of the Constitution of India praying for issue of a Writ of Certiorarified Mandamus to call for the records in respect of impugned notice in Ref.bt/M/vz;/114 2016-br/k/bjh/m-jpUg;g{h;- dated 07.06.2016 in file No.A2/2068/2016 of the 2nd respondent in respect of shop of the petitioner at Shop No. 25, 30, 11, 15, 2, 20, 14, 29, 12, 22, and 13 respectively of Old Bus Stand, Thirupur, quash the same and consequently direct the respondents to strictly implement the G.O.Ms. No. 147 dated 30.12.2000 and G.O.Ms.No. 92 dated 03.07.2007 issued by the 1st respondent by granting renewal of lease at a reasonable rent. (in all Wps)

For Petitioners in all the writ petitions ::

Mr.C.S. Dhanasekaran For Respondents in all the writ petitions ::

Mrs.P. Kavitha Govt. Advocate for R1 Mr.S. Silambanan, Senior Counsel for Ms.P. Shanthi for R2 C O M M O N O R D E R Mr.C.S. Dhanasekaran, learned counsel for the petitioners would submit as per the demand made by the 2nd respondent, the respective petitioners have agreed and also paid the enhanced monthly rent fixed by the 2nd respondent as well as the caution deposit. The said fact is also admitted by the learned Senior Counsel appearing for the 2nd respondent. In view of the above fact that the respective petitioners have paid the enhanced monthly rent as well as the caution deposit, as demanded by the 2nd respondent, the 2nd respondent is directed to extend the lease period in favour of the respective petitioners, for a period of three years, initially, as per G.O.Ms. No. 92 Municipal Administration and Water Supply Department dated 03.07.2007 and the 2nd respondent shall also enter into lease agreements with the respective petitioners, based on the new lease amount.

3.

The writ petitions are disposed of with the above observations. No costs. Connected W.M.P.s are closed. nv s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To 1.

The Secretary, Municipal Administration and Water Supply, Fort St. George, Chennai - 600 009.

The Commissioner, Thirupur Corporation, (Formerly Thirupur Municipality), Thirupur, Thirupur District.

+ 1 cc to M/s.C.S.Dhanasekaran, Advocate SR 42837 ctk(co) prk24/8 W.P. Nos. 21113, 21114, 21115, 21125 to 21128, 21224, 21225, 21227 & 21228 of 2016 & W.M.P. Nos. 18043 to 18048, 18066 to 18073, 18141 to 18144, 18147 to 18150 of 2016