Madras High CourtWP(MD)/10550/2019disposed of

Saliya Beevi, v. The Executive Officer,

2020-10-06Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2020

CORAM:

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE W.P.(MD )Nos.10550 to 10553 of and W.M.P.(MD) Nos.8081 to 8084 of 2019 Saliya Beevi ... Petitioner in W.P.(MD) No.10550 of 2019 Sulaika Beevi ... Petitioner in W.P.(MD) No.10551 of 2019 R.Dharmalingam ... Petitioner in W.P.(MD) No.10552 of 2019 Shahul Hameed ... Petitioner in W.P.(MD) No.10553 of 2019 Vs.

The Executive Officer, Pallathur Town Panchayat, Sivagangai District.

... Respondents in all W.P.'s COMMON PRAYER:

Writ Petitions are 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 order dated 20.03.2019, 20.03.2019, 22.03.2019 and 22.03.2019 A.Thi.Mu.105/2019/A1 and quash the same and consequently direct the respondent to accept the enhanced license fee of the petitioners submitted by way of demand draft, dated 19.03.2019, 19.03.2019, 20.03.2019 and 20.032019 and renew the license of the petitioners for the shop Nos.4, 5, 6 and 1 respectively of the respondent situated at town Panchayat bus stand(North), Pallathur, Sivagangai District. In all Writ Petitions:

For Petitioners : Mr.J.Anandkumar 1/3

For Respondent : Mr.M.Rajarajan, Standing Counsel C O M M O N O R D E R Since the issue involved in all these writ petitions are one and the same, with the consent of the learned counsel appearing for the petitioners as well as the learned standing counsel appearing for the respondent, all these writ petitions are taken up together for hearing and are disposed of by this common order. 2.Heard Mr.J.Anandkumar, learned counsel appearing for the petitioners and Mr.M.Rajarajan, learned standing counsel for the respondent Town Panchayat.

3.These writ petitions have been filed by the respective petitioners seeking for renewal of license from the respondent Town Panchayat.

4.According to the learned counsel appearing for the petitioners, the petitioners were granted license to run shops in the bus stand. It is their case that, for granting license, the respondent Town Panchayat collected a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) as security deposit from each of them and thereafter had allotted the respective shops to the respective petitioners.

5. According to the petitioners, as per G.O.Ms.No.92, Municipal Administration and Drinking Water Supply Department, dated 03.07.2007 the petitioners are entitled for renewal of license for a further period upto 2021-2022 on payment of enhanced license fees.

6. In an identical matter, this Court in its order, dated 11.12.2019 made in W.P.(MD) No.25192 of 2019 has applied G.O.Ms.No.92, dated 03.07.2007 referred to supra and has granted an 2/3

extension to another licensee in the same bus stand for a period upto 2021-2022.

7. The petitioners, in these writ petitions, are therefore entitled for the same extension, as they stand on an equal footing as that of the petitioner in W.P.(MD) No.25192 of 2019.

8. Accordingly, this Court directs the respondent Panchayat to grant renewal of license in respect of the shops to the respective petitioners for a period upto 2021-2022, subject to the payment of enhanced license fees, as stipulated under the G.O.Ms No.92,dated 03.07.2007 issued by the the Municipal Administration Drinking Water Supply Department, Government of Tamil Nadu.

9. With the aforesaid directions, these writ petitions are disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (Writs) // True Copy // / /2020 Sub Assistant Registrar(CS) Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To:

The Executive Officer, Pallathur Town Panchayat, Sivagangai District.

Common Order made in W.P.(MD)Nos.10550 to 10553 of 2019 06.10.2020 sts SDS (19.10.2020) 3P-2C 3/3