Madras High CourtWP(MD)/4397/2017dismissed

G.Chellammal v. The Executive Officer,

2017-09-22Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.09.2017

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.4397 of 2017 and WMP(MD)Nos.3529, 3530, 5907 and 6639 of 2017 G.Chellammal : Petitioner -vsThe Executive Officer, Selection Grade Town Panchayat, Thiruppathur, Sivagangai District. : Respondent Prayer: Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus, to call for the records pursuant to the impugned show cause notice of the respondent in Na.Ka.No.128/A5/2015, dated 24.02.2017 and quash the same and consequently, direct the respondent herein to renew the Lease-cum-License given to the petitioner for the Pay Toilet at Bus Stand, Thirupathur on payment of necessary charges. For Petitioner : Mrs.Lakshmi Gopinathan for M/s.Polax Legal Solutions For Respondent : Mr.M.Rajarajan

O R D E R

The petitioner has come forward with this writ petition challenging the show cause notice issued by the respondent, dated 24.02.2017 and consequently direct the respondent to renew the Lease-cum-License given to the petitioner for the Pay Toilet situated in Thirupathur, bus stand, on payment of necessary charges. 2.According to the petitioner, her husband Ganapathi was issued a licence in the year 1987 to run the pay toilet at Thiruppathur bus stand and after his demise, the licence was renewed in the name of the petitioner in the year 2001 and as such, they have been running the pay toilet for the past 30 years. It is further submitted that https://hcservices.ecourts.gov.in/hcservices/

after expiry of the licence period on 31.03.2017, when the petitioner approached the respondent for renewal of the licence, the impugned show cause was issued.

3.The further case of the petitioner is that as per G.O.Ms.No.92 Municipal Administration and Water Supply Department, dated 03.07.2007, she is entitled for renewal of the licence. 4.Heard Mrs.Lakshmi Gopinath, learned counsel for the petitioner and Mr.M.Rajarajan, learned counsel for the respondent and perused the materials available on record. 5.In similar facts, in a batch of writ petitions, this court held that licensee of local bodies do not have any right in seeking extension of license and the Government Order relied upon by the petitioner would not apply to the existing licensees. The order was confirmed by the Division Bench. In view of the above facts, this court is of the considered view that the petitioner is not entitled for the relief as sought for in this writ petition. 6.In the result, this writ petition is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CSIII) /True Copy/ Sub-Assistant Registrar To The Executive Officer, Selection Grade Town Panchayat, Thiruppathur, Sivagangai District.

Er RL/2C/2P/MR/KKR/SAR4/28/11/2017 W.P.(MD)No.4397 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 22.09.2017