Madras High CourtWP(MD)/18912/2017disposed of

G.Chudalayandi Pillai, v. Asst., Director Of Panchayat

2017-10-11Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :11.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.18912 of 2017 and WMP(MD).No.15248 of 2017 G.Chudalayandi Pillai, .. Petitioner Vs.

1.The Assistant Director of Panchayat Nagercoil, Kanyakumari District.

2.The Executive Officer, Kanyakumari Special Grade Panchayat, Kanyakumari, Kanyakumari District.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance a writ of Mandamus, directing the respondent to consider the representation of the petitioner dated 24.07.2017 and to extend the lease period with regard to the Tiffin Centre situated at sun set point car parking, the license to collect the usage fee from toilet situated at car parking on sun set point as well as toilet situated near sun set point from 14.11.2017 for a period of three years by accepting 15 % over and above the existing amount.

For Petitioner : Mr.S.C.Herold Singh For Respondent -1 : Mr.M.Alaguthevan, Special Government Pleader For Respondent -2 : Mr.Aayiram K.Selvakumar

ORDER

This writ petition is filed seeking a writ of Mandamus, directing the respondent to consider the representation of the petitioner dated 24.07.2017 and to extend the lease period. 2.The learned counsel appearing for the petitioner would submit that their Trust was formed in the year 2003 to uplift the state of poor. In order to mobilze funds to the trust, they took part in the auction conducted by the respondents in the year https://hcservices.ecourts.gov.in/hcservices/

2008 in respect of certain properties and became the successful bidder and the lease period was extended from time to time and the same is getting expired on 13.11.2017. Hence, the petitioner sent a representation dated 24.07.2017, requesting extension of the lease period for a further period of three years. Due to inaction on the part of the respondents, on the representation, the petitioner is before this Court, seeking direction to the respondents in respect of his representation. 3.The learned Special government Pleader appearing for the respondents would submit that the application of the petitioner would be considered on merits, within the time stipulated. 4.Considering the limited scope of the relief sought, this Court, without going into the merits of the case, directs the respondents to consider the application of the petitioner, dated 24.07.2017 and pass appropriate orders, on its own merits and in accordance with law, after affording due opportunity of hearing, within a period of four weeks from the date of receipt of a copy of this order.

5.With the above directions, the writ petition is disposed of. No Cost. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To

1. The Assistant Director of Panchayat Nagercoil, Kanyakumari District.

2. The Executive Officer, Kanyakumari Special Grade Panchayat, Kanyakumari, Kanyakumari District.

+ 1 cc TO Mr.Aayiram K.Selvakumar , Advocate in SR No. 82824 + 1 cc TO Mr.S.C.Herold singh , Advocate in SR No. 82372 +1cc to The Special Government Pleader in SR.No.82672 dsk AE/KP/SAR2/27.10.2017/2P/6C ORDER MADE IN W.P(MD)No.18912 of 2017 11.10.2017 https://hcservices.ecourts.gov.in/hcservices/