Madras High CourtWP(MD)/20969/2016disposed of

R.Kathirkaman v. The Special Officer

2017-07-31Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.20969 of 2016 and W.M.P.(MD) No.14968 of 2016 R.Kathirkaman ... Petitioner -vs1. The Special Officer, Assistant Director (Audit), Rajapalayam Municipality, Virudhunagar District.

2. The Commissioner, Rajapalayam Municipality, Rajapalayam, Virudhunagar District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, calling for the impugned order in Na.Ka.No.A1/947/15 dated 14.01.2016 and to quash the same as illegal and consequently direct the 2nd Respondent to adhere the earlier license in Na.Ka.No.978/2014.A1 dated 28.10.2014 and permit the Petitioner to pay the revised rent of Rs.4755/- till 30.09.2017 as per the order dated 28.10.2014. For Petitioner ... Mr.S.R.A.Ramachandran For R1 ... Mr.J.Gunaseelan Muthiah Govt. Advocate For R2 ... Mr.N.Dilip Kumar

O R D E R

This writ petition has been filed, seeking to quash the impugned order dated 14.01.2016 passed in Na.Ka.No.A1/947/15, by which, the petitioner was directed to pay the enhanced rent of Rs.25,000/- even during the existing license period between 01.10.2014 to 30.09.2017, by granting slight concession to continue to pay the old rent upto October, 2016. The petitioner also sought a direction to the 2nd Respondent to adhere to the earlier license in Na.Ka.No.978/2014.A1 dated 28.10.2014 and permit the petitioner to pay the revised rent of Rs.4755/- till 30.09.2017 as per the order dated 28.10.2014.

https://hcservices.ecourts.gov.in/hcservices/

2. Heard the learned counsel for the parties.

3. When the matter was taken up for hearing, learned counsel for the 2nd respondent has fairly submitted that the impugned order dated 14.01.2016 may be set aside with liberty to the 2nd respondent to issue a fresh auction notice, after expiry of the present license period.

4. In view of the fairness shown by the 2nd respondent, this petition is allowed and the impugned order dated 14.01.2016 is set aside. However, it is made clear that if at all, the 2nd respondent wants to go for a fresh auction, it should be only after the current license period is over, i.e., 30.09.2017. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AD-II) /True Copy/ Sub Assistant Registrar To:

1. The Special Officer, Assistant Director (Audit), Rajapalayam Municipality, Virudhunagar District.

2. The Commissioner, Rajapalayam Municipality, Rajapalayam, Virudhunagar District.

+ 1 CC TO Mr.S.R.A.RAMACHANDRAN, ADVOCATE IN SR No. 68898 + 1 CC TO Mr.N.DILIPKUMAR, ADVOCATE IN SR No. 68827 AR TE/KK/SAR-I : 08/08/2017 : 2P/5C W.P(MD)No.20969 of 2016 31.07.2017 https://hcservices.ecourts.gov.in/hcservices/