L.Moorthyraja, v. The Special Officer/ Block
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2018 CORAM :
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN WP (MD) No.1367 of 2018 1.L.Moorthyraja 2.R.Suganya 3.C.Vayakkattusamy 4.M.Malayalam 5.R.Selvi 6.A.Dharman 7.C.Chemmalar 8.A.Thanga Ochu 9.S.Deivendran 10.P.Mathumitha 11.C.Thangavelu 12.P.Petchiammal 13.G.Sabarish Babu 14.U.Sathaiya ... Petitioners Vs.
The Special Officer/Block Development Officer, A.Kokkulam Village Panchayat, Thirumangalam Union, Madurai District.
... Respondent Petition filed under Article 226 Constitution of India to issue a writ of Mandamus directing the respondent to consider and pass orders on the petitioner's representation dated 12.12.2017 in the light of G.O.Ms.No.92 Municipal Administration and Water Supply (Neethi4) Department dated 03.07.2007 more particularly within a time frame as may be stipulated by this court to renew the lease of their respective shops are concerned.
For Petitioners : Mr.R.Pon Karthikeyan For Respondent : Mr.M.Rajarajan Government Advocate
ORDER
This writ petition has been filed seeking a direction to the respondent to consider and pass orders on the petitioners' representation dated 12.12.2017 in the light of G.O.Ms.No.92 Municipal Administration and Water Supply (Neethi4) Department dated 03.07.2007 to renew the lease of their respective shops.
2.Heard Mr.R.Pon Karthikeyan, learned counsel appearing for the petitioners and Mr.M.Rajarajan, learned Government Advocate for the respondent. By consent, the writ petition itself is taken up for final disposal at the admission stage.
3.According to the petitioners, they are the lessees in respect of their respective shops owned by the respondent Panchayat Union and they have been inducted in the year 2014. Since their lease period is getting expired, in order to extend the lease period, they made applications before the respondents on 12.12.2017. But, so far, no order has been passed. Hence, this writ petition has been filed.
4.The learned counsel appearing for the petitioners submitted that similarly placed tenants have already filed batch of writ petitions in WP(MD)Nos.22203 to 22207 of 2017 before this Court and this Court, on 05.12.2017, passed the following order: "7.Under such circumstances, these writ petitions are disposed of, directing the respondent to consider the representations of the petitioners dated 12.09.2017, 13.09.2017 and 14.09.2017 respectively and pass appropriate orders with regard to extension of lease by fixing or re-fixing the rent, as the case may be, on merits and in line with G.O.Ms.No.92 dated 03.07.2007, after affording due opportunity of hearing to the petitioners and all the other interested parties, if any, within a period of four weeks from the date of receipt of a copy of this order."
5.The learned counsel further submitted that the order already passed in the above writ petitions could be passed in this writ petition also.
6.Considering the fact that already similarly placed persons approached this Court and this Court also passed orders as stated above, the respondent is directed to consider the representations of the petitioners dated 12.12.2017 and pass appropriate orders with regard to extension of lease by fixing or re-fixing the rent, as the case may be, on merits and in line with G.O.Ms.No.92 dated 03.07.2007, after affording due opportunity of hearing to the petitioners and all the other interested parties, if any, within a period of four weeks from the date of receipt of a copy of this order.
7.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar
To The Special Officer/Block Development Officer, A.Kokkulam Village Panchayat, Thirumangalam Union, Madurai District.
+One cc to Mr.R.Ponkarthikeyan, Advocate, SR.No.43722 +One cc to The Special Government Pleader, SR.No.44677 mj RL/4C/3P/GT/SAR3/12/2/2018 WP(MD)No.1367 of 2018 24.01.2018