P.Palani, v. The Executive Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2016

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P.Nos.6113 to 6120; 6151 to 6160 & 6121 to 6128 of 2016 & connected Miscellaneous Petitions P.Palani .. Petitioner in W.P.No.6113 of 2016 V.Nagarajan .. Petitioner in W.P.No.6114 of 2016 M.Sigamani .. Petitioner in W.P.No.6115 of 2016 R.Madesh .. Petitioner in W.P.No.6116 of 2016 G.Rajendiran .. Petitioner in W.P.No.6117 of 2016 G.Prathap .. Petitioner in W.P.No.6118 of 2016 K.Murugan .. Petitioner in W.P.No.6119 of 2016 Kanchanamary .. Petitioner in W.P.No.6120 of 2016 Jayaprakash .. Petitioner in W.P.No.6151 of 2016 S.Manivannan .. Petitioner in W.P.No.6152 of 2016 P.Santhi .. Petitioner in W.P.No.6153 of 2016 P.Narayanan .. Petitioner in W.P.No.6154 of 2016 Santha .. Petitioner in W.P.No.6155 of 2016 Raghunath .. Petitioner in W.P.No.6156 of 2016 B.Ashok .. Petitioner in W.P.No.

6157 of 2016 and 6158 of 2016 Kadalarasu .. Petitioner in W.P.No.6159 of 2016 J.Miyasudhin .. Petitioner in W.P.No.6160 of 2016 M.Rathina .. Petitioner in W.P.No.6121 of 2016 Srinivasan .. Petitioner in W.P.No.6122 of 2016 Vijayarangan .. Petitioner in W.P.No.6123 of 2016 N.Meganathan .. Petitioner in W.P.No.6124 of 2016 Anandhan .. Petitioner in W.P.No.6125 of 2016 Raja .. Petitioner in W.P.No.6126 of 2016 M.Chandra .. Petitioner in W.P.No.6127 of 2016 M.Kumaresan .. Petitioner in W.P.No.6128 of 2016 Vs The Executive Officer Selection Grade Town Panchayat Palcode Town, Palacode 636808 Dharmapuri District.

.. Respondent in all WPs These Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of certiorarified mandamus calling for the records in Na.Ka.No.100/2008/A1 dated

30.04.2015 on the file of the respondent and quash the order in respect of 25% increased rent and direct the respondent to fix the rent in accordance with G.O.Ms.No.92 dated 03.07.2007. For Petitioners: Mr.S.C.Vishwanth For Respondent : Mr.R.Rajeswaran in all WPS Spl.Govt. Pleader asstd by R.M.Muthukumar Addl.Govt.Pleader & Mr.V.R.Kamalanathan Addl.Govt.Pleader C O M M O N O R D E R Heard Mr.S.C.Vishwanth, learned counsel for the petitioners and Mr.R.Rajeswaran, learned Special Government Pleader accepting notice on behalf of the respondent, assisted by Mr.R.M.Muthukumar & Mr.V.R.Kamalanathan, learned Additional Government Pleaders and with their consent, these writ petitions are taken up for final disposal at the admission stage itself. The petitioners who are lessees, seek quashing the impugned proceedings dated 30.04.

2015 whereby the respondent has agreed to extend the lease granted in favour of the petitioners by a further period of three years on the petitioners paying 25% enhanced lease amount. The petitioners have submitted representations dated 24.09.2015 through their Association, by contending that in terms of G.O.Ms.No.92, dated 03.07.2007, the third renewal should be granted by accepting the enhanced lease amount by not more than 15%.

Learned counsel for the petitioners submitted that he would be satisfied that if the petitioners representations dated 24.09.2015 are considered in the light of the said Government Order.

Taking note of the said submission, though this Court is not inclined to quash the impugned proceedings, there will be a direction to the respondent to consider the petitioners representations dated 24.09.2015 on merits and in accordance with law and examine as regards the applicability of G.O.Ms.No.92 dated 03.07.2007 and take a reasoned decision on merits and in accordance with law within a period of three weeks from the date of receipt of a copy of this order.

The writ petitions are dismissed of with the above direction.

No costs.

Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To:

The Executive Officer, Selection Grade Town Panchayat, Palcode Town, Palacode 636808, Dharmapuri District.

W.P.Nos.6113 to 6120;

6151 to 6160 & 6121 to 6128 of 2016 pur(CO) srg 10/03/2016