K.Manickam v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.04.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.20590 of 2014 and M.P.No.1 of 2014 1.K.Manickam 2.J.Chandrasekaran 3.S.B.Nalini Sree 4.M.Kokila 5.R.Savithiri 6.S.Bharathi 7.V.M.Kandasamy ... Petitioners Vs The Commissioner, Tiruchengode Municipality, Tiruchengode, Namakkal District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent renew the lease period for another three years by receipt of 15% enhanced rent as per G.O.Ms.No.92, Municipal Administration and Water Supply (M.A-4) Department, dated 03.07.2007 by considering the renewal applications made by the petitioners.

For Petitioners : No Appearance For Respondent : Mr.N.K.Ponraj

O R D E R

This writ petition is infructuous insofar as the petitioners seek renewal of lease of three years by receipt of enhanced rent in respect of various shops situated at the Old Bus Stand at Tiruchengode.

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2. Firstly, the period for which extension is sought, has itself long expired and in the absence of any representation for the petitioners before me, I am unable to ascertain, whether the petitioners continue in occupation of the said shops. To be noted, that there is no interim protection granted to the petitioners at the time of admission, when Notice of Motion was issued on 04.08.2014.

3. That apart, procedure prevalent now is for auction of the shops, once in three years and thus, all occupants of the shops in Municipalities and Corporations would be subject to this process, though in some cases, preference is granted to the existing license holders upon imposition of certain conditions and compliance thereof.

4. In light of the above discussion, this Writ Petition stands dismissed as infructuous. Connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar jeni/kak To The Commissioner, Tiruchengode Municipality, Tiruchengode, Namakkal District.

+1cc to Mr.P.Srinivas, Advocate SR.No.23324 W.P.No.20590 of 2014 MT(CO) GN(04/05/2022) https://hcservices.ecourts.gov.in/hcservices/