Renganathan.G v. The Executive Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.5718 of 2021 and W.M.P.(MD)Nos.4514 and 4515 of 2021 G.Renganathan ... Petitioner Vs.

The Executive Officer, Alangudi Municipality, Alangudi, Pudukkottai District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned demand notice No.9 of 2020, dated 29.12.2020 issued by the respondent and quash the same as illegal and unconstitutional and consequently, waive the arrears claimed in the impugned demand notice by considering his representation, dated 11.02.2021.

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For Petitioner : Mr.K.C.Maniyarasu For Respondent : Mr.K.Christy Theboral, Additional Government Pleader

O R D E R

The Writ Petition has been filed challenging the impugned demand notice No.9 of 2020, dated 29.12.2020 issued by the respondent and quash the same as illegal and unconstitutional and consequently, waive the arrears claimed in the impugned demand notice by considering his representation, dated 11.02.2021.

2. Heard the learned counsel appearing for the writ petitioner as well as the learned Additional Government Pleader appearing for the respondent.

3. The case of the writ petitioner is that he was given licence to run a small restaurant in Alangudi Bus stand, which belongs to the Alangudi Municipality, that the respondent has issued a notice, dated 29.12.2020 directing the writ petitioner to pay lease amount of Rs.39,420/- for the 2/5

period 2020-2021. This notice has been put to challenge in the present Writ Petition.

4. When the matter is taken up for hearing today, the learned counsel appearing for the writ petitioner has cited a decision of this Court in W.P.(MD)No.3274 of 2021, wherein also, the petitioner therein has filed the above writ petition against the The Commissioner, Kadayalanallur Municipality/respondent therein and a learned Judge has directed the respondent to deal with the case of the writ petitioner in line with the Government Orders viz., G.O(D)No.298, Municipal Administration and Water Supply (MA.IV) Department, dated 02.09.2020 and G.O(D)No.337, Municipal Administration and Water Supply (MA.IV) Department, dated 16.06.2023 and consider the claim made by the writ petitioner.

5. At this juncture, the learned counsel appearing for the respondent would submit that the writ petitioner is certainly entitled to get the benefits under the above said Government Orders and the respondent may be directed to consider the same and pass orders in accordance with the above said Government Orders. 3/5

6. Recording the submissions made on either side, the respondent is hereby directed to consider the case of the writ petitioner in accordance with the Government Orders above referred and also consider the claim made by the petitioner seeking for the refund and that the said process shall be completed within a period of four weeks from the date of receipt of copy of this order.

7. With the above direction, this Writ Petition stands disposed of. Consequently, connected Miscellaneous Petitions are closed. No costs. 23.02.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No das 4/5

K.MURALI SHANKAR, J DAS Order made in W.P.(MD)No.5718 of 2021 and W.M.P.(MD)Nos.4514 and 4515 of 2021 Dated : 23.02.2024 5/5