Madras High CourtWP(MD)/13286/2017disposed of

V.N.Rameshkumar, v. The Executive Officer,

2017-07-19Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.13286 of 2017 and W.M.P(MD)Nos.10349 and 10350 of 2017 V.N.Rameshkumar .. Petitioner Vs.

The Executive Officer, Manamadurai Town Panchayat, Manamadurai, Sivagangai District.

.. Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned auction notification issued by the respondent in his proceedings in Na.Ka.No.75/2017 dated 30.06.2017 and quash the same as illegal and consequentially directing the respondent to extend the period of lease of the petitioner in respect of shop No.08 for further period of 3 years on the basis of prevailing market value.

For Petitioner : Mr.B.Anandan For Respondent : Mr.G.Muthukannan, Government Advocate.

ORDER

This writ petition is filed seeking a writ of Certiorarified Mandamus to quash the impugned auction notification issued by the respondent in his proceedings in Na.Ka.No.75/2017 dated 30.06.2017 and also to direct the respondent to extend the lease period for three years in respect of Shop No.08 on the basis of prevailing market value.

2.Mr.G.Muthukannan, learned counsel, takes notice for the respondent.

3.By consent of both the parties, this writ petition is taken up for hearing at the stage of admission itself. https://hcservices.ecourts.gov.in/hcservices/ 4.Heard both sides.

5.According to the petitioner, he is a lessee under the respondent Panchayat in respect of Shop No.8, situated at Market Area, Manamadurai and he has been running petty shop therein with proper license for the past twenty years and the license was periodically extended. As per G.O.Ms.No.92, the respondent passed resolutions, extending the period of license for a period of fifteen years, in respect of number of shops. But, in respect of the shop of the petitioner, without extending the period of licence, the respondent published auction notification on 30.06.2017. Therefore, the petitioner is before this Court. 6.The learned counsel for the respondent, on instructions, would submit that the shop has been allotted to the petitioner, through public auction.

7.Recording the same, the writ petition is closed. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To The Executive Officer, Manamadurai Town Panchayat, Manamadurai, Sivagangai District.

+1cc to Mr.B.Anandan, Advocate SR.No.66512 +1cc to The Spl.Government Pleader Sr.No.64433 SMN VBN/MR/KKR/SAR3/28.07.2017/2P/4C ORDER MADE IN W.P(MD)No.13286 of 2017 and W.M.P(MD)Nos.10349 and 10350 of 2017 19.07.2017 https://hcservices.ecourts.gov.in/hcservices/