K.Keeran, v. The Special Officer Cum

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.3748 of 2018 K.Keeran ... Petitioner Vs.

The Special Officer cum Commissioner (in charge) Pudukottai Municipality, Pudukottai District.

... Respondent Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondent to extent the lease for further period of 3 years on enhanced rate of 5% per annum on existing lease amount with effect from 01/04/2018 to 31/03/2021 by considering the petitioner's representation dated 14/03/2017 and 31/01/2018. For Petitioner : Mr.S.Kumar For Respondent : Mr.P.Mahendran Standing Counsel

ORDER

This writ petition has been filed seeking direction to the respondent to extent the lease for a further period of three years on enhanced rate of 5% per annum on existing lease amount with effect from 01.04.2018 to 31.03.2021 by considering the petitioner's representations dated 14.03.2017 and 31.01.2018. 2.According to the petitioner, he is a licensee under the respondent to collect fees in the daily market from the year 2015. Now, the licence is going to expire on 31.03.2018. In the above circumstances, the petitioner has filed an application before the respondent seeking renewal of licence for a further period of three years. Since no order has been passed, the present writ petition has been filed.

3.Today, when the matter is taken up for hearing, learned counsel for the respondent submitted that the request of the petitioner has been considered and rejected by the respondent and the respondent municipality is proposing to bring the weekly market for public auction.

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4.In view of the above, the petitioner cannot maintain the writ petition. Apart from that the respondent is entitled to bring the property for public auction after the expiry of the licence period. If at all, the petitioner is interested in the property, it is open to the petitioner to participate in the auction.

5.Accordingly, the writ petition is dismissed. No costs. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar 1 cc TO Mr.S.Kumar , Advocate in SR No. 50891 • + 1 cc TO Mr.P.Mahendran , Advocate in SR No. 51104 sms AE/KKR/SAR3/15.03.2018/2P/3C Writ Petition (MD) No.3748 of 2018 23.02.2018 https://hcservices.ecourts.gov.in/hcservices/