Madras High CourtWP(MD)/699/2023disposed of

Jebarsan.V.R v. The Executive Officer

2026-01-19Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.01.2026

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)No.738 of 2023 V.R.Jebarsan ... Petitioner Vs.

The Executive Officer, Kanyakumari District, Town Panchayat, Kanyakumari District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the impugned notice/order issued by respondent in Na.Ka.No. 144/2022/A2 dated 27.12.2022 and quash the same as illegal and consequently, directing the respondent to renew petitioner's lease and permit the petitioner to run aquarium in Survey No.600/1 for further period of 3 years commencing from 01.04.2022. For Petitioner : Mr.B.Vinothkumar 1/4

For Respondent : Mr.M.Gangadharan Government Advocate

ORDER

The present writ petition has been filed seeking to quash the order dated 27.12.2022, wherein the respondent town panchayat had directed to deposit a sum of Rs.2,31,930/- (Rupees Two Lakhs Thirty One Thousand Nine Hundred and Thirty only) for renewing the license of the writ petitioner to run an aquarium for a further period of eight months from 01.04.2022 to 31.01.2022 has been rejected. 2.A perusal of the record reveals that the petitioner was the successful bidder to run the aquarium for a period of three years and the said period has already expired on 31.03.2022. The petitioner had requested the town panchayat to extend the lease for a further period of three years. The said request has been rejected by the impugned order. However, the petitioner was granted extension for a period of eight months on payment of a sum of Rs.2,31,930/- (Rupees Two Lakhs Thirty One Thousand Nine Hundred and Thirty only). The said order is under challenge in this writ petition.

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3.A perusal of the prayer reveals that the petitioner has sought extension of the lease for a further period of three years from 01.04.2022 onwards. By virtue of the interim order passed by this Court, the petitioner has been enjoying the license for more than three years. After 31.03.2025, the petitioner has no right to continue as a lessee without participating in the public auction.

4.In view of the above facts, the writ petition is disposed of with a direction to the respondent town panchayat to conduct public auction. The interim order already granted by this Court stands vacated. 5.This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. 19.01.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA 3/4

R.VIJAYAKUMAR, J.

MGA To The Executive Officer, Kanyakumari District, Town Panchayat, Kanyakumari District.

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