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Madras High CourtWP/29932/2014disposed of

Sathish Kumar v. The Director Of Municipal

2024-09-23Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.09.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.29932 of 2014 and MP.No.1 of 2014 Sathish kumar ... Petitioner Vs.

1.The Director of Municipal Administration & Water Supply & Drainage Board, Ezhilagam, Chepauk, Chennai 600 005 2.The Municipal Commissioner, Mannargudi Municipality, Mannargudi - Post, Thiruvarur - District 3.The Chairman, Mannargudi Municipality, Mannargudi - Post, Thiruvarur - District ... Respondents PRAYER:

Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the respondents herein not to evict the petitioner from the shop No.1 in front of Municipality Office, Mannargudi-Post, Thiruvarur - District under the lease without due process of law.

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For Petitioner : Mr.D.Veerasekaran For Respondents For R1 : Dr.T.Seenivasan, Special Government Pleader For R2 : Mr.P.Srinivas

ORDER

This writ petition has been filed for direction to the respondents not to evict the petitioner from shop No.1 in front of Municipality Office, Mannargudi-Post, Thiruvarur - District under the lease without due process of law.

2.

It is seen that the above shop No.1 was originally let out in favour of one, Rajendran for the period from 1994 to 2002. Subsequently it was transferred to the petitioner's father from the year 2003 to 2006. While being so, auction was conducted on 01.06.2006, in which the petitioner had participated and the petitioner was granted lease since he was the successful bidder. The petitioner made all deposits as required by the respondents. The petitioner is paying rent regularly without fail. As per the Government orders, the lease ought to have been extended for 2/4

further period by enhancing rent at 15% of the existing monthly rent. While being so, the petitioner apprehends eviction by the respondents from the said shop No.1.

3.

On instruction, the learned counsel for the respondents would submit that the lease period already expired and the petitioner is about to vacate and hand over the vacant possession. 4.

In view of the above, the respondents are directed to consider the case of the petitioner for renewal of lease in accordance with law, and if not, the respondents are directed to take appropriate action as against the petitioner for eviction in accordance with law. 5.

With the above direction, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

23.09.2024 Index: Yes/No Speaking/Non-speaking order lok 3/4

G.K.ILANTHIRAIYAN, J.

lok To 1.The Director of Municipal Administration & Water Supply & Drainage Board, Ezhilagam, Chepauk, Chennai 600 005 2.The Municipal Commissioner, Mannargudi Municipality, Mannargudi - Post, Thiruvarur - District 3.The Chairman, Mannargudi Municipality, Mannargudi - Post, Thiruvarur - District 23.09.2024 4/4