Madras High CourtWP(MD)/2871/2021disposed of

Madurai Corporation Owned v. The Secretary To Govt.,

2023-10-11Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.10.2023

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH and W.M.P.(MD)No.2342 of 2021 Madurai Corporation owned M.G.R. Bus Stand Shopping Complex Rent Paying Shop Keepers Welfare Association, Rep. by its Secretary M.Rajendran, Having Office at Shop No.1 M.G.R. Bus Stand, Madurai.

.. Petitioner

Versus

1.The Secretary to Government, Municipal Administration and Water Supply Department, Chepauk, Chennai.

2.The Commissioner of Municipal Administration, Chepauk, Chennai.

3.The Commissioner, Madurai Municipal Corporation, Tirunelveli.

4.The Assistant Commissioner, Madurai Ward, Madurai.

.. Respondents 1/5

Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to waive the rent for the shops of the members of the petitioner Association, situated in the M.G.R. Bus Stand Shopping Complex during the actual lockdown period i.e. From 24.03.2020 to 06.09.2020 for the period of 5 1⁄2 months on the basis of G.O.(D)No.298, Municipal Administration and Water Supply (MA.IV) Department, dated 02.09.2020, by considering the representations of the petitioner's Association, dated 14.12.2020, 31.01.2021 and 01.02.2021, within the time fixed by this Court. For Petitioner :

Mr.H.Arumugam For R1 and R2 :

Ms.S.Jeyapriya Government Advocate For R3 :

Mr.F.Deepak For R4 :

Mr.R.Murali

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents to consider the representations made by the petitioner on 14.12.2020, 31.01.2021 and 01.02.2021 and to waive the lease amount payable during the Covid -19 lockdown period. 2/5

2. Heard the learned counsel appearing for the parties.

3. It will suffice if the present Writ Petition is disposed of with a direction to the third respondent to consider the representations made by the petitioner in line with G.O.(D)No.337, Municipal Administration and Water Supply (MA.IV) Department, dated 16.06.2023. Accordingly, there shall be a direction to the third respondent to consider the representations made by the petitioner in line with G.O.(D)No.337, Municipal Administration and Water Supply (MA.IV) Department, dated 16.06.2023, and take a final decision within a period of eight weeks from the date of receipt of a copy of this order.

4. This Writ Petition is disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed. NCC : Yes/No 11.10.2023 Index : Yes/No smn2 3/5

To 1.The Secretary to Government, Municipal Administration and Water Supply Department, Chepauk, Chennai.

2.The Commissioner of Municipal Administration, Chepauk, Chennai.

3.The Commissioner, Madurai Municipal Corporation, Tirunelveli.

4.The Assistant Commissioner, Madurai Ward, Madurai.

4/5

N.ANAND VENKATESH, J.

smn2 W.P.(MD) No.2871 of 2021 and W.M.P.(MD)No.2342 of 2021 11.10.2023 5/5