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Madras High CourtWP/21117/2016disposed of

N.Muthusamy v. State

2016-08-24Honourable Mr Justice N. Kirubakaran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-08-2016

CORAM

THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN W.P. No. 21117 of 2016 & W.M.P. Nos.18051 & 18052 of 2016.

N.Muthusamy ..Petitioner Vs.

1.

State Rep. by the Secretary, Municipal Administration & Water Supply, Fort St. George, Chennai 600 009.

2.

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

3.

The Superintendent of Police, Thiruppur District.

..Respondents Prayer : 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.Ve.Aa.No.114/2016/Che.Ma.Tho.A/Tiruppur dated 7.6.2016 in file No.A2/2068/2016 of the second respondent in respect of Shop of the petitioner at Shop No.25, 1st Floor MUDF of Old Bus Stand, Tiruppur, quash the same and consequently to direct the respondents to strictly implement the G.O.Ms.No.147 dated 30.12.2000 and G.O.Ms.No.92 dated 3.7.2007 issued by the first respondent by granting renewal of lease at a reasonable rent. For Petitioner ::

Mr.C.S.Dhanasekaran For Respondents ::

Mr.V.Jayaprakash Narayanan, Special Govt. Pleader for R1 & R3 Mr.S.Silambannan, Senior Counsel for Mrs.P.Shanthi for R2

O R D E R

Mr.C.S.Dhanasekaran, learned counsel for the petitioner would submit as per the demand made by the second respondent, the petitioner has agreed and has also paid the enhanced monthly rent fixed by the second respondent as well as the caution deposit. The said fact is also admitted by the learned counsel for the second respondent.

2.

In view of the above fact that the petitioner has paid the enhanced monthly rent as well as the caution deposit, as demanded by the second respondent, the second respondent is directed to extend the lease period in favour of the petitioner, 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 second respondent shall also enter into lease agreement with the petitioner, based on the new lease amount. 3.

The writ petition is disposed of with the above observations. No costs. Connected W.M.P.s are closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar Svn To 1.

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

2.

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

3.

The Superintendent of Police, Thiruppur District.

4.The Public Prosecutor, High Court, Madras.

W.P. No. 21117 of 2016 ctr[co] srg 16/09/2016