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Madras High CourtWP(MD)/9055/2018closed

M.Humayun Kabir v. The Executive Officer

2018-04-28Honourable Mr Justice M.S. Ramesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2018

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH W.P.(MD).Nos.9055, 9097 to 9101 of 2018 and W.M.P.(MD).Nos.8426 and 8427 8427,8476 to 8485 M. Humayun Kabir ... Petitioner in W.P.(MD).No.9055 of 2018 G. Muthuramalingam ... Petitioner in W.P.(MD).No.9097 of 2018 H. Meharaj Begam ... Petitioner in W.P.(MD).No.9098 of 2018 A. Pachakalai ... Petitioner in W.P.(MD).No.9099 of 2018 A. Vasanthi ... Petitioner in W.P.(MD).No.9100 of 2018 V. Adhi ... Petitioner in W.P.(MD).No.9101 of 2018 Vs.

The Executive Officer, Kamuthi Special Grade Town Panchayat, Kamuthi, Ramanathapuram District.

... Respondent in W.P.(MD).No.9055 of 2018 1.The Assistant Director of Town Panchayat Ramanathapuram District.

2.The Executive Officer, Kamuthi Special Grade Town Panchayat, Kamuthi, Ramanathapuram District.

... Respondents in W.P.(MD).No.9097/2018 to 9101/2018 PRAYER in W.P.(MD).No.9055 of 2018:

Writ Petition filed under Article 226 of the constitution of India to issue a writ of Certiorarified Mandamus, to call for the records pertaining to the impugned notification issued by the respondent in Na.Ka.No.96 of 2018 dated 27.03.2018 and quash the same as illegal and consequently directing the respondent to extend petitioner's lease period for further period of 3 years by considering the petitioner's

representation dated 16.04.2018 based on the G.O(Ms) No.92 Municipal Administration and Water Supply Department dated 03.07.2007. Prayer in WP(MD). 9097/ 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Certiorarified Mandamus calling for the proceedings relating to auction notice in Na.Ka.No.96/2018 dated 27.03.2018 on the file of the Respondent No.2 herein for conducting the auction on 27.04.2018 or on any other subsequent date and quash the same in so far as the Shop No.5, Commercial Complex, Kamuthi is concerned and consequently direct the Respondents to extend the lease in favour the petitioner pertaining to Shop No.5, Commercial Complex, Kamuthi, Ramanathapuram District for a further period.

Prayer in WP(MD). 9098/ 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Certiorarified Mandamus calling for the proceedings relating to auction notice in Na.Ka.No.96/2018 dated 27.03.2018 on the file of the Respondent No.2 herein for conducting the auction on 27.04.2018 or on any other subsequent date and quash the same in so far as the Shop No.10, Commercial Complex, Kamuthi is concerned and consequently direct the Respondents to extend the lease in favour the petitioner pertaining to Shop No.10, Commercial Complex, Kamuthi, Ramanathapuram District for a further period. Prayer in WP(MD). 9099/ 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Certiorarified Mandamus calling for the proceedings relating to auction notice in Na.Ka.No.96/2018 dated 27.03.2018 on the file of the Respondent No.2 herein for conducting the auction on 27.04.2018 or on any other subsequent date and quash the same in so far as the Shop No.6, Commercial Complex, Kamuthi is concerned and consequently direct the Respondents to extend the lease in favour the petitioner pertaining to Shop No.6, Commercial Complex, Kamuthi, Ramanathapuram District for a further period.

Prayer in WP(MD). 9100/ 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Certiorarified Mandamus calling for the proceedings relating to auction notice in Na.Ka.No.96/2018 dated 27.03.2018 on the file of the Respondent No.2 herein for conducting the auction on 27.04.2018 or on any other subsequent date and quash the same in so far as the Shop No.2, Commercial Complex, Kamuthi is concerned and consequently direct the Respondents to extend the lease in favour the petitioner

pertaining to Shop No.2, Commercial Complex, Kamuthi, Ramanathapuram District for a further period.

Prayer in WP(MD). 9101/ 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Certiorarified Mandamus calling for the proceedings relating to auction notice in Na.Ka.No.96/2018 dated 27.03.2018 on the file of the Respondent No.2 herein for conducting the auction on 27.04.2018 or on any other subsequent date and quash the same in so far as the Shop No.3, Commercial Complex, Kamuthi is concerned and consequently direct the Respondents to extend the lease in favour the petitioner pertaining to Shop No.3, Commercial Complex, Kamuthi, Ramanathapuram District for a further period.

For Petitioners :

Mr.C.M.Arumugam in W.P.(MD).No. 9055 of 2018 For Petitioners :

Mr.Y.Prakash, Advocate in W.P.(MD).No. 9097 to 9101/2018 For Respondents :

Mr.M.Rajarajan,Standing Counsel in all Wps C O M M O N O R D E R Today (i.e.,28.04.2018) when the matters were called, the learned Standing Counsel for the respondents submitted that in the auction held on 27.04.2017 the petitioners are the successful bidders and as such the petitioners may not have any grievance as on date.

2. Hence the Writ Petitions stand closed. Consequently connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To 1.The Assistant Director of Town Panchayat, Ramanathapuram District.

2.The Executive Officer, Kamuthi Special Grade Town Panchayat, Kamuthi, Ramanathapuram District.

W.P.(MD).Nos.9055, 9097 to 9101 of 2018 AAV RAM/SV MMS/SAR 3/29.05.2018/3P/3C