M.Sivakumar, v. The Executive Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.01.2016 Coram The Honourable Mr.Justice T.S.SIVAGNANAM W.P.No.39670 of 2015 and M.P.Nos.1 to 3 of 2015 1.M.Sivakumar 2.A.Chinnamuthu 3.P.Ayyamperumal 4.V.Annapoorani 5.M.Ponnusamy 6.R.Dhanasekar 7.T.Baby 8.M.Shridhar 9.S.Murugan 10.K.S.Kumar 11.K.R.Durai 12.M.Balamurugan 13.V.E.Rajendran 14.K.Sekar 15.K.A.Babu 16.S.Saridha 17.G.Mani 18.S.Ramasamy 19.R.Umamaheswari 20.K.P.Rajendran 21.G.Raji 22.Poovaraghavan .. Petitioners -vsThe Executive Officer, Kolathur Town Panchayat, Kolathur Town Panchayat Office, Kolathur Post and Village, Mettur Taluk, Salem District.

.. Respondent Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus to call for the records relating to the respondent notice in Na.Ka.No.565/2015/A2, dated 13.11.2015 and quash the same and consequently, direct the respondent to allot the shops to petitioners by extending their lease period based on their representations dated 28.11.2015.

For Petitioners :

Mr.K.Sathish Kumar For Respondents :

Mr.R.Lakshmi Narayanan, Addl.G.P.

O R D E R

Heard Mr.K.Sathish Kumar, learned counsel for the petitioner and Mr.R.Lakshmi Narayanan, learned Additional Government Pleader appearing for the respondents. 2.The petitioner seeks for the issuance of Writ of Certiorarified Mandamus to call for the records relating to the respondent notice in Na.Ka.No.565/2015/A2, dated 13.11.2015 and quash the same and consequently, direct the respondent to allot the shops to petitioners by extending their lease period based on their representations dated 28.11.2015.

3.The respondent has filed a counter-affidavit and in para 4, it has been stated as follows:

''4. ... Accordingly the Town Panchayat has no objection to continue their shop if they give undertaking letter to raise the rent at the rate of 15% from the bidded lease amount.''

Thus, the respondent is ready and willing to grant extension of lease subject to the undertaking of the petitioners to pay enhanced rent at 15% from the earlier lease amount. The petitioners are agreeable to execute such a letter of undertaking.

4.Accordingly, by placing on record the stand taken by the respondent in the counter-affidavit, there will be a direction to the petitioners to appear before the respondent and execute the letter of undertaking agreeing to pay the enhanced rent at the rate of 15% which shall be considered by the respondent to enable the lease to be renewed in favour of the petitioners. It is needless to state that the existing lease is upto 31.03.2016 and the petitioners are entitled to continue till then. 5.Writ Petition, accordingly, stands disposed of. No costs. Consequently, M.P.Nos.1 to 3 of 2015 stand closed. sd/- Assistant Registrar(Cs-VI) /TRUE COPY/ Sub-Assistant Registrar sra

To The Executive Officer, Kolathur Town Panchayat, Kolathur Town Panchayat Office, Kolathur Post and Village, Mettur Taluk, Salem District.

+1 CC to M/s.P.Mahalakshmi Advocate. SR.NO. 5580 W.P.No.39670 of 2015 CO-CTK JD 12/02/2016