Madras High CourtWP(MD)/182/2018disposed of

A.M.Hyder Ali, v. The Commissioner

2018-01-11Honourable Mr Justice V. Bharathidasan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)Nos.182 to 188, 191 and 192 of 2018 and W.M.P.(MD)Nos.190 to 203 and 208 to 211 of 2018 A.M.HYDER ALI ... PETITIONER IN WP(MD)No.182/2018 K.M.FATHUGUR RAFFANI ... PETITIONER IN WP(MD)No.183/2018 P.ABDUL NAZER ... PETITIONER IN WP(MD)No.184/2018 S.H.BADHURUDHEEN ... PETITIONER IN WP(MD)No.185/2018 K.A.M.A.K.N.SANKAR ... PETITIONER IN WP(MD)No.186/2018 A.SAMSUDHEEN ... PETITIONER IN WP(MD)No.187/2018 M.JERIN GOLDA ... PETITIONER IN WP(MD)No.188/2018 A.SARAFUTHEEN ... PETITIONER IN WP(MD)No.191/2018 C.DURAI ... PETITIONER IN WP(MD)No.192/2018 Vs.

THE COMMISSIONER, NAGERCOIL MUNICIPALITY, NAGERCOIL-629 001.

... RESPONDENT IN ALL WPs Prayer in WP(MD)No.182/2018:

Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the notice in Na.Ka.No.7841/2017/A13, published by the respondent in one issue of Dhina Malar News Paper, Nagercoil Edition, dated 28.12.2017, and to quash the same, in so far as the Shop No.3, Nainar Commercial Complex, Ground Floor, N.M.C.Building, T.V.M.Road, Vadasery, Nagercoil-629 003, is concerned, and directing the respondent to renew the lease in respect of Shop No.3, Nainar Commercial Complex, Ground Floor, N.M.C.Building, T.V.M.Road, Vadasery, Nagercoil-629 003, Kanyakumari District, in terms of G.O.No.92 Municipal Administration and Drinking Water Supply (N.N.4) Department, dated 03.07.2007, with effect from 01.04.2018, in favour of the petitioner, upon such usual terms and conditions within a time frame as may be fixed by this Court.

Prayer in WP(MD)No.183/ 2018 :

issue of Dhina Malar News Paper, Nagerkoil Edition, dt.28/12/2017, and to quash the same, in so far as the Shop No.4, Nainar Commercial Complex, Ground floor, N.M.C.Building, T.V.M.Road, Vadasery, Nagerkoil -629 003, is concerned, and directing the respondent to renew the lease in respect of Shop No.4 Nainar Commercial Complex, Ground Floor, N.M.C.Building, T.V.M.Road, Vadasery, Nagercoil629003, Kanyakumari District, in terms of G.O.No.92 Municipal Administration and Drinking Water Supply (N.N.4) Department, dated 03.07.2007, with effect from 01.04.2018, in favour of the petitioner, upon such usual terms and conditions within a time. Prayer in WP(MD)No.184/ 2018 :

28.12.2017, and to quash the same, in so far as the Shop No.22/471 (South), In front of Market, Balamore Road, Vadasery, Nagercoil - 629 001, is concerned, and directing the respondent to renew the lease in respect of Shop No.22/471 (South), In front of Market, Balamore Road, Vadasery, Nagercoil - 629 001, Kanyakumari Dist, in terms of G.O.No.92 Municipal Administration and Drinking Water Supply (N.N.4) Department, dated 03.07.2007, with effect from 01.04.2018, in favour of the petitioner.

Prayer in WP(MD)No.185/ 2018 :

Constitution of India, praying this Court To issue a Writ of of Dhina Malar News Paper, Nagercoil Edition, dated 28/12/2017, and to quash the same, in so far as the Shop No.8, Nainar Commercial Complex, Ground Floor, N.M.C.Bulding, T.V.M.Road, Vadasery, Nagercoil - 629 003, is concerned, and directing the respondent to renew the lease in respect of Shop No. 8, Nainar Commercial Complex, Ground Floor, N.M.C.Building, T.V.M.Road, Vadasery, Nagercoil629003, Kanyakumari District, in terms of G.O.No.92 Municipal Administration and Drinking Water Supply (N.N.4) Department, dated 03.07.2007, with effect from 01.04.2018, in favour of the petitioner.

Prayer in WP(MD)No.186/ 2018 :

28.12.2017, and to quash the same, in so far as the Shop Nos.11 & 12, Nainar Commercial Complex, Ground Floor, N.M.C.Building, T.V.M.Road, Vadasery, Nagercoil - 629 003, are concerned and directing the respondent to renew the lease in respect of Shop Nos.11 & 12, Nainar Commercial Complex, Ground Floor, N.M.C.Building, T.V.M.Road, Vadasery, Nagercoil-629003, Kanyakumari District, in terms of G.O.No.92 Municipal Administration and Drinking Water Supply (N.N.4) Department, dated 03.07.2007, with effect from 01.04.2018, in favour of the petitioner upon such usual terms and conditions within a time.

Prayer in WP(MD)No.187/ 2018 :

of Dhina Malar News Paper, Nagerkoil Edition, dt.28/12/2017, and to quash the same, in so far as the Shop No.15, Nainar Commercial Complex, Ground floor,N.M.C.Building, T.V.M.Road, Vadasery, Nagerkoil -629 003, is concerned, and directing the respondent to renew the lease in respect of Shop No.15, Nainar Commercial Complex, Ground floor, T.V.M.Road, Vadasery, Nagerkoil, Kanyakumari District, in terms of G.O.No.92, Municipal Administration and Drinking Water Supply(N.N.4) Department, DT.03/07/2007, with effect from 01/04/2018 in favour of the petitioner, upon such usual terms and conditions within a time.

Prayer in WP(MD)No.188/ 2018 :

28.12.2017, and to quash the same, in so far as the Shop No.2, Nainar Commercial Complex, Ground Floor, N.M.C.Building, T.V.M.Road, Vadasery, Nagercoil - 629 003, is concerned and directing the respondent to renew the lease in respect of Shop No.2, Nainar Commercial Complex, Ground Floor, N.M.C.Building, T.V.M.Road, Vadasery, Nagercoil - 629 003, Kanyakumari Dist, in terms of G.O.No.92, Municipal Administration and Drinking Water Supply(N.N.4) Department, DT.03/07/2007, with effect from 01/04/2018 in favour of the petitioner, upon such usual terms and conditions within a time. Prayer in WP(MD)No.191/ 2018 :

of Dhina Malar News Paper, Nagerkoil Edition, dt.28/12/2017, and to quash the same, in so far as the Shop No.22/461,in front of market, Balamore Road,Vadasery, Nagerkoil -629 001, is concerned, and directing the respondent to renew the lease in respect of Shop No.22/461,in front of Market, Balamore Road, Vadasery, Nagerkoil, Kanyakumari Ditrict, in terms of G.O.No.92, Municipal Administration and Drinking Water Supply(N.N.4) Department, DT.03/07/2007, with effect from 01/04/2018 in favour of the petitioner, upon such usual terms and conditions within a time.

Prayer in WP(MD)No.192/ 2018 :

28.12.2017, and to quash the same, in so far as the Shop No.9, Nainar Commercial Complex, Ground Floor, N.M.C.Building, T.V.M.Road, Vadasery, Nagercoil - 629 003, is concerned and directing the respondent to renew the lease in respect of Shop No.9, Nainar Commercial Complex, Ground Floor, N.M.C.Building, T.V.M.Road, Vadasery, Nagercoil - 629 003, Kanyakumari District, in terms of G.O.No.92, Municipal Administration and Drinking Water Supply(N.N.4) Department, DT.03/07/2007, with effect from 01/04/2018 in favour of the petitioner, upon such usual terms and conditions within a time. For Petitioner : Mr.Subbiah, Senior Counsel for N.Subramanian in all WPs For Respondent : Mr.P.Athimoolapandian, Standing counsel in all WPs

ORDER

This batch of Writ Petition has been filed challenging the auction notice issued by the Nagercoil Municipality calling for public auction to lease out the shops.

2.When the matter is taken up for hearing, today, the learned counsel appearing for the respondent submitted that except two shops, which is the subject matter of W.P.(MD)Nos.189 & 190 of 2018, all the other shops are de-notified from the public auction. 3.In view of the fact that the shops are already denotified, the petitioners need not challenge the above notification. Hence, these Writ Petitions are disposed of. However, it is open to

the petitioners to challenge any such notification issued in respect of the above said shops in future. No costs. Consequently connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To The Commissioner, Nagercoil Municipality, Nagercoil-629 001.

+ 1 CC TO Mr.N.SUBRAMANIAN, ADVOCATE IN SR No. 42231 TA TE/SKN-RSK/SAR-1 : 27/02/2018 : 5P/3C W.P.(MD)Nos.182 to 188, 191 and 192 of 2018 and W.M.P.(MD)Nos.190 to 203 and 208 to 211 of 2018 11.01.2018