Mr.G.Elangovan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 27.12.2024

CORAM

THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM And THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN W.P.Nos. 39796, 39801 & 39804 of 2024 And W.M.P.Nos. 43115, 43118, 43119, 43106, 43109 & 43114 of Mr.G.Elangovan ... Petitioner in W.P.No. 39796 of 2024 Mr.M.Sivaprakasam ... Petitioner in W.P.No. 39804 of 2024 Mr.E.Naveenkumar ... Petitioner in W.P.No. 39801 of 2024 ..Vs..

1.

The Commissioner Salem Corporation Salem District, Salem - 636 001.

2.

The Assistant Commissioner Suramangalam Zonal Office Salem Corporation, Salem District, Salem - 636 005.

... Respondents in all W.Ps.

PRAYER in W.P.Nos. 39796 & 39804 of 2024: Petitions under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorari calling for the records pertaining to the issuance of Na.Ka.No.K1/2658/2021 dated 12.11.2024 issued by the second respondent herein and quash the same.

PRAYER in W.P.No. 39801 of 2024: Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorari calling for the records pertaining to the issuance of Na.Ka.No.K1/2658/2021 dated 15.11.2024 issued by the second respondent herein and quash the same.

*** For Petitioners in all W.Ps.

:: Mr. M.Selvam for M/s. A.Vijayakannan For Respondents in all W.Ps.

:: Mrs. N.Devi COMMON ORDER (Delivered by S.M. SUBRAMANIAM, J.) The notices dated 12.11.2024 and 15.11.2024 respectively, issued by the second respondent are sought to be assailed in the present Writ Proceedings.

2. The respondents have taken a decision to lease out the shops by conducting public auction.

3. The learned counsel for the petitioners would submit that the petitioners have already paid the lease amount.

4. May that as it be, the Writ Petitions have been instituted challenging the show cause notices. Admittedly, the petitioners have already submitted their representations. That being so, the respondents are directed to consider the representations by following due procedure and take a final decision and pass orders on merits and in accordance with law. However, it is made clear that the lease cannot be claimed as an absolute right and as per the Government Policy, lease of shops by the local authorities are to be made only by conducting open auctions.

5. These Writ Petitions stand disposed of. Consequently, connected Civil Miscellaneous Petitions stand closed. No costs. (S.M.S.J.,) & (V.L.N.J.,) 27.12.2024 vsg Index: Yes/No Internet: Yes/No Speaking / Non Speaking Order

S.M. SUBRAMANIAM , J.

And V. LAKSHMINARAYANAN , J.

vsg To 1.

The Commissioner Salem Corporation Salem District, Salem - 636 001.

2.

The Assistant Commissioner Suramangalam Zonal Office Salem Corporation, Salem District, Salem - 636 005.

W.P.Nos. 39796, 39801 & 39804 of 2024 And W.M.P.Nos. 43115, 43118, 43119, 43106, 43109 & 43114 of 2024 27.12.2024