Madras High CourtWP(MD)/3606/2024disposed of

Muthusamy. P v. The Executive Officer

2024-06-12Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.3606 OF 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.06.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.3606 of 2024 AND W.M.P.(MD)Nos.3554 & 10335 of 2024 P.Muthusamy ... Petitioner Vs.

The Executive Officer, Uthamapalayam Town Panchayat, Theni District.

... Respondent Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings of the respondent in Na.Ka.No.46/2023 dated 20.12.2023 and quash the same as illegal and consequently direct the respondents to extend the period of lease or refund the lease amount in terms of G.O.(D) No.337 dated 16.06.2023 with regard to paid toilet situated at Ward 6, Byepass Road, Uthamapalayam by considering the petitioner's representation dated 01.02.2024.

For Petitioner : Mr.M.Jerin Mathew For Respondent : Mr.D.Sasikumar, Additional Government Pleader.

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2 W.P.(MD)NO.3606 OF 2024

O R D E R

Heard both sides.

2. The petitioner was awarded license to run public toilet. Admittedly the period has expired. The petitioner has no legal right to continue as such. The respondent is entitled to bring the property to fresh auction. The petitioner can very well participate in the proposed auction. Till the auction process is finalised and the highest bidder is awarded license, the petitioner can run the toilet. The petitioner of course has to pay the requisite license fee to the respondent local body.

3. The learned Additional Government Pleader informed the Court that within six weeks from today, the entire auction process will be finalised. This writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 12.06.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 2/4

3 W.P.(MD)NO.3606 OF 2024 To:

The Executive Officer, Uthamapalayam Town Panchayat, Theni District.

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4 W.P.(MD)NO.3606 OF 2024 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.3606 of 2024 12.06.2024 4/4