Latha.P v. The Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.04.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD)Nos.4821 to 4825 of 2023 and W.M.P.(MD)Nos.4496, 4497, 4498, 4502, 4503, 4505, 4499, 4500, 4501, 4504, 4506, 4507, 4508, 4509 and 4510 of 2023 W.P.(MD)No.4821 of 2023:- P.Latha No.4 at inside of the bus stand (eastern side) Muthukulathur Bus Stand, 1/8

W.P.(MD)No.4822 of 2023:- N.Subburaj No.15 at inside of the bus stand (eastern side) Muthukulathur Bus Stand, 2/8

W.P.(MD)No.4823 of 2023:- M.Kaja Kamarudeen No.2 at inside of the bus stand (eastern side) Muthukulathur Bus Stand, W.P.(MD)No.4824 of 2023:- Naina Mohamed 3/8

No.7 at inside of the bus stand (western side) Muthukulathur Bus Stand, W.P.(MD)No.4825 of 2023:- S.Ramu 4/8

No.3 at inside of the bus stand (eastern side) Muthukulathur Bus Stand, For Petitioners :Mr.M.Muniasamy For R1 and R2 :Mr.J.Ashok Additional Government Pleader For R3 :Mr.N.Dilip Kumar (in all cases) ***** C O M M O N O R D E R Heard Mr.M.Muniasamy, learned Counsel for the petitioners, Mr. J.Ashok, learned Additional Government Pleader for the first and respondents and Mr.N.Dilip Kumar, learned Counsel for the third respondent in all cases.

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2.With respect to the similar Shop Keepers, the learned Counsel for the petitioners had drawn the notice of this Court to an order in W.P. (MD)No.4270 of 2023 batch, [N.Amutha vs The Executive Officer, Mudukulathur Panchayat], wherein, a learned Single Judge of this Court in the said common order, had observed as follows: "2.The petitioners are licensees occupying shops belonging to the local body. It is beyond dispute that the licence period will expire only on 31.03.2024. It is not known as to why the respondents has issued the impugned notice calling upon the petitioner to explain as to why the licence should not be terminated.

3.It is not the case of the respondent that the petitioners have breached the licence terms and conditions. I therefore quash the impugned notice. The petitioners are permitted to remain as licencees till 31.03.2024. Whether to renew the licence or to bring the shops to public auction, it is a call to be taken by the local body. The petitioners cannot insist as a matter of right that their licences should be renewed even after 31.03.2024. The issue is entirely within the discretion of the local body. 4.These writ petitions are allowed on these terms. Consequently, connected miscellaneous petitions are closed. 4.The same order enures to all the petitioners herein and all these Writ Petitions stand allowed and the petitioners are permitted to remain 6/8

the licensees till 31.03.2024. The further directions, as aforementioned, would also apply to the petitioners herein. No costs. Consequently, connected miscellaneous petitions are closed. Index :Yes / No 10.04.2023 Internet :Yes NCC : Yes/No cmr To 7/8

C.V.KARTHIKEYAN, J.

cmr Order made in W.P.(MD)Nos.4821 to 4825 of 2023 10.04.2023 8/8