Chandrasekar Ramachandran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.09.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.26800 of 2023 and W.M.P.No.26229 of 2023 Chandrasekar Ramachandran @ Sankar

...Petitioner

Vs.

1.The District Collector Collectorate Villupram District, Collector Office Road, Moovendar Nagar, Villupuram - 605 602.

2.The Executive Officer, Vikravandi Town Panchayat, Vikravandi, Villupuram.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings passed by the second respondent herein in their proceedings in Na.Ka.No.A1/136/2020, dated 29.08.2023 and quash the same 1/6

and further direct the respondents to renew the lease thereby permitting the petitioner to continue running the Community Welfare Center for the year 2023-24.

For Petitioner : Mr.G.Vigneswaran For Respondents : Mr.C.Selvaraj for R1 Additional Government Pleader Mrs.P.Rajarajeswari for R2 Government Advocate

O R D E R

The Writ Petition is filed challenging the order passed by the second respondent dated 29.08.2023 rejecting the request of the petitioner for renewal of his lease period in respect of the Community Welfare Centre of the second respondent Town Panchayat situated at Vikravandi Main Road.

2. Earlier, the writ petitioner came up before this Court in W.P.No.11042 of 2022 challenging the order passed by the second respondent. The said writ petition was allowed by directing the second respondent to consider the request of the petitioner seeking renewal of the lease and pass orders on merits.

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3. In pursuance of the directions issued by this Court, the second respondent considered the request of the petitioner for renewal of the lease and rejected the same mainly on the ground that as per the resolution passed by the Town Panchayat, dated 06.04.2022, it was decided that the Town Panchayat Office shall be shifted to the place where the present Community hall is functioning to enable the renovation of the Town Panchayat Office. Therefore, based on the said resolution, the request of the petitioner was rejected by the second respondent.

4. A reading of the impugned order would suggest that the petitioner was granted license initially for a period of one year from 2018 and the same was extended from time to time. Now, admittedly, the license period of the petitioner is already over. Hence, the petitioner has no vested right to continue in such premises. Therefore, I do not find any merits in the case of the petitioner.

5. At this juncture, the learned counsel appearing for the petitioner submitted that already the petitioner entertained booking from the 3/6

general public for use of the Community Hall and therefore, the petitioner may be given sufficient time to vacate the premises. Therefore, the petitioner is granted time till 07.10.2023 to vacate the premises and hand over the possession to the second respondent on condition that the petitioner shall file an undertaking affidavit to that effect on or before 18.09.2023. If the undertaking affidavit is not filed on or before 18.09.2023, the interim protection granted will stand automatically vacated.

6. With the above directions, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 12.09.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No dna 4/6

To 1.The District Collector Collectorate Villupuram District, Collector Office Road, Moovendar Nagar, Villupuram - 605 602.

2.The Executive Officer, Vikravandi Town Panchayat, Vikravandi, Villupuram.

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S.SOUNTHAR , J.

dna W.P No.26800 of 2023 and W.M.P.No.26229 of 2023 12.09.2023 6/6