R.Ramasamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.12.2016

CORAM:

THE HON'BLE MR. JUSTICE T.RAJA W.P.Nos.41339 to 41345 of 2016 R.Ramasamy ... Petitioner in W.P.No.41339 & 41340 of 2016 S.Selvi W/O K.Sudhakar ... Petitioner in W.P.No.41341 of 2016 T.Vadivel ... Petitioner in W.P.No.41342 of 2016 N.Natarajan ... Petitioner in W.P.No.41343 to 41345 of 2016 Vs 1.The District Collector, Erode.

2.The Chairman, Perundurai Special Grade Town Panchayat, Perundurai, Erode District.

3.The Executive Officer, Perundurai Special Grade Town Panchayat, Perundurai, Erode District.

... Respondents in all WPs Prayer in W.P.No.41339 to W.P.No.41345 of 2016: Writ Petitions filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to call for the records of the impugned public notice of the third respondent vide Na.Ka.No.568/2016/A2, dated 17.11.2016, with reference to public auction of shop No.18, No.22, No.19, No.23, No.10, No.15, No.16 , in Perundurai Public Bus Stand, Perundurai, Erode District, and to quash the same and further direct the second and third respondents to adhere to the terms and conditions of G.O.Ms.No.92, dated 03.07.2007 of the Department of Municipal Administration and Water Supply and to make fresh assessment and revaluation of lease cum rent for the Shop No.18 Shop No.22, Shop No.19, Shop No.23, Shop No.10, Shop No.15, Shop No.16, in Perundurai Public Bus Stand and pass such further orders.

In All Writ Petitions:

For petitioners : Mr.T.Narendrakumar For R1 in all WPs : Mr.M.Elumalai, GA For R2 in all WPs : Mr.S.Navaneethan For R3 in W.P.No.41339/16: Mrs.M.E.Rani Selvam For R3 in W.P.No.41340/16: Mr.M.Digvijayapandiyan For R3 in W.P.No.41345/16: Mr.V.Selvaraj C O M M O N O R D E R By way of filing these writ petitions, the petitioners seek to quash the impugned public auction notice dated 17.11.2016 of the third respondent, with a further direction to the respondents 2 and 3 to adhere to the terms and conditions of G.O.Ms.No.92, dated 03.07.2007 of the Department of Municipal Administration and Water Supply and to make fresh assessment and revaluation of lease-cum-rent for their respective shops in Perundurai Public Bus Stand.

2. It is seen that the petitioners were alloted shops in the Perundurai Public Bus Stand in the year 2007 as they were the highest bidder in the auction conducted by the respondents 2 and 3 as per the terms of conditions of G.O.Ms.No.92, Municipal Administration and Water Supply Department, dated 03.07.2007. In Column (ii) of paragraph 4, it is contemplated that the period of lease for a shop will be granted for a period of 3 years at a time and thereafter, the period will be renewed for another 3 years automatically and likewise, the term of lease to a particular lessee will be renewed for 9 years subject to the condition that once in 3 years increase of 15% of the lease amount has to be paid by the person, who has taken the shop. It is further contemplated that after the period of 9 years, the lease-cum-rent amount has to be assessed and revalued afresh and that the preferential right should be given to the existing lessee of the shop.

3. In such circumstances, the only contention of the learned counsel for the petitioners is that as they are the existing lessees of their respective shops, they should be given preference while allotting the same.

4. Today, when the matter is taken up, learned counsel appearing for the respondents, by bringing to the notice of this Court a proceeding dated 28.11.2016 of the Executive Officer / third respondent addressed to the Additional Government Pleader, submitted that the prayer in the writ petition has become infructuous, since the respondents, by adhering to the terms of the conditions of the G.O.Ms.No.92, Municipal Administration and Water Supply Department, dated 03.07.2007, have allotted respective shops to the petitioners, as they were the highest bidder in the auction conducted by them.

5. In view of the above, the prayer in the writ petitions has become infructuous. Accordingly, by recording the above said statement of the learned counsel for the respondents, all the writ petitions are disposed of. No Costs.

Consequently, connected miscellaneous are closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To 1.The District Collector, Erode.

2.The Chairman, Perundurai Special Grade Town Panchayat, Perundurai, Erode District.

3.The Executive Officer, Perundurai Special Grade Town Panchayat, Perundurai, Erode District.

+1cc to Mr.V.Selvaraj, Advocate SR.72408 +1cc to the Government Pleader SR.72965 W.P.Nos.41339 to 41345 of 2016 svi[co] srg 04/01/2017