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Madras High CourtWP(MD)/2737/2021disposed of

S.Murugan, v. The Commissioner,

2023-10-11Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.10.2023

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH S.Murugan .. Petitioner in all the W.Ps.

Versus

The Commissioner, Manapparai Municipality, Manapparai, Trichy District.

.. Respondent in all the W.Ps.

Prayer in W.P.(MD)No.2737 of 2021:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent herein to waive the payment of Lease amount for the lockdown period from 25.03.2020 to 31.05.2020 in respect of leased out Cycle Stand, situated at New Bus Stand premises Manapparai Town, Trichy District and refund the waiver amount to the petitioner within the time stipulated by this Court by considering his representation, dated 21.10.2020. Prayer in W.P.(MD)No.2738 of 2021:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent herein to waive the payment of Lease amount for the lockdown period from 25.03.2020 to 31.05.2020 in respect of leased out Pay and Use Toilet, situated at New Bus Stand premises Manapparai Town, Trichy District and refund the waiver amount to the petitioner within the time stipulated by this Court by considering his representation, dated 21.10.2020. 1/4

Prayer in W.P.(MD)No.2739 of 2021:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent herein to waive the payment of Lease amount for the lockdown period from 25.03.2020 to 30.09.2020 in respect of leased out Pay and Use Toilet, situated near Park Road Slaughtering House at Manapparai Town, Trichy District and refund the waiver amount to the petitioner within the time stipulated by this Court by considering his representation, dated 23.10.2020. For Petitioner in all the W.Ps. :

Mr.B.Arun For Respondent in all the W.Ps.:

Mr.J.Lawrance Standing Counsel COMMON ORDER The issue in all these three Writ Petitions pertains to the waiver of the payment of the lease amount sought for by the petitioner during the period from 25.03.2020 to 31.05.2020 and 25.03.2020 to 30.09.2020, for which, the petitioner has given separate representations, dated 21.10.2020 and 23.10.2020, respectively.

2. Heard Mr.B.Arun, learned counsel for the petitioner and Mr.J.Lawrance, learned Standing Counsel for the respondent Municipality.

3. During the pendency of these Writ Petitions, the Government has issued G.O.(D)No.337, Municipal Administration and Water Supply (MA.IV) Department, dated 16.06.2023, which deals with the manner in which the 2/4

waiver for the payment of lease during the Covid pandemic period should be considered. In view of the same, it will suffice if a direction is issued to the respondent Municipality to deal with the representations made by the petitioner on 21.10.2020 and 23.10.2020 in line with G.O.(D)No.337, Municipal Administration and Water Supply (MA.IV) Department, dated 16.06.2023, and take a decision within a period of six weeks from the date of receipt of a copy of this order.

4. The petitioner is directed to make a fresh representation to the respondent Municipality along with all the relevant records and also a copy of this order.

5. These Writ Petitions are disposed of with the above direction. No costs.

NCC : Yes/No 11.10.2023 Index : Yes/No (1/2) smn2 To The Commissioner, Manapparai Municipality, Manapparai, Trichy District.

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N.ANAND VENKATESH, J.

smn2 Common order in W.P.(MD) Nos.2737 to 2739 of 2021 11.10.2023 (1/2) 4/4