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Madras High CourtWP(MD)/5526/2024dismissed

Perumal.S v. The Executive Officer

2024-03-08Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.5256 to 5258 of 2024 S.Perumal ... Petitioner Vs.

The Executive Officer, Kanyakumari Special Grade Town Panchayat, Kanyakumari.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the respondent pertaining to its impugned order in Na.Ka.No.700/2023/A2 dated 14.02.2024 and the consequential notification in Na.Ka.No.108/2024/A2 dated 29.02.2024 and to quash the same and consequently direct the respondent to extend the lease period for further period of 3 years by receiving the enhance amount of 5% by considering the representation of the petitioner dated 02.02.2024. 1/4

For Petitioner : Mr.SC.Herold Singh For Respondent : Mr.D.S.Nedunchezian Government Advocate

ORDER

Heard both sides.

2. The petitioner challenges the stand of the respondent proposing to hold public auction for issuing license for running the petition mentioned public toilet. The petitioner's case is that even though he was successful in the public auction held in March 2021, actual possession was given only in August 2021. The petitioner therefore wants corresponding extension of lease period. In other words, he wants this Court to compute the three years from the date of handing over of possession.

3. The petitioner's contention appears to be justified. But on this ground, he cannot ask for extension. He can only ask for refund of the proportionate license fee if his contention is correct. 2/4

4. Granting liberty to the petitioner to agitate the issue independently, this writ petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 08.03.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To The Executive Officer, Kanyakumari Special Grade Town Panchayat, Kanyakumari.

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G.R.SWAMINATHAN, J.

MGA and W.M.P(MD)Nos.5256 to 5258 of 2024 08.03.2024 4/4