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Madras High CourtWP(MD)/21765/2016disposed of

A.Chandrasekaran v. The Bodinaickanoor

2017-07-24Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :24.07.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD).No.21765 of 2016 and W.M.P(MD)No.15562 of 2016 A.Chandrasekaran ... Petitioner Vs The Bodinaickanoor Municipality, rep. by its the Commissioner, Bodinaickanoor, Theni District.

... Respondent Prayer:Petition filed filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to refund the balance of the advance amount of Rs.63,750/- payable to the petitioner, after allowing the petitioner to remove the goods owned by him from the shop bearing No.2 owned by the respondent's Municipality near Bodinaickanoor bus stand at Bodinaickanoor, Theni District on the basis of the petitioner's representation to the respondent dated 18.10.2016 within a period as fixed by this Court.

For petitioner : Mr.R.Aravindan.

For respondent : Mr.Karuppasamy pandian.

ORDER

The petitioner seeks for a direction to the respondents to refund the balance of the advance amount of Rs.63,750/- payable to the petitioner, after allowing the petitioner to remove the goods owned by him from the shop bearing No.2 owned by the respondent's Municipality near Bodinaickanoor bus stand at Bodinaickanoor, Theni District on the basis of his representation to the respondent dated 18.10.2016.

2.The case of the petitioner is that the shop No.2 has been leased out to the petitioner as per the public auction held on 22.07.2015. The lease period was fixed for three years commencing from 22.07.2015 and will be in force upto 31.03.2018. The monthly

rent has been fixed at Rs.12,500/- per month and the service tax for the above said premises is Rs.1,875/-. The petitioner has deposited a sum of Rs.1,50,000/- as advance. Since the business was not profitable as expected, the petitioner was constrained to stop the business activities from the month of April 2016. Hence, the petitioner made a request to the respondent to cancel the lease even in the month of May 2016. Without considering the request of the petitioner and without issuing any notice, the respondent has locked the petitioner's shop on 17.10.2016. Thereafter, the petitioner made a representation dated 18.10.2016 requesting the respondent to refund the balance of the advance amount of Rs.1,50,000/- after deducting the pending due of Rs.86,250/-. Having acknowledged the receipt of the representation, the respondent has issued notice with certain facts, which are not relevant to the petitioner's claim. In spite of his specific request, the respondent has not chosen to take any decision. Hence, the petitioner approached this Court seeking the relief as stated supra.

3.Though the petitioner has sought for the larger relief as above, the learned Counsel for the petitioner would submit that it would suffice, if the representation dated 18.10.2016 submitted by the petitioner may be directed to be considered by the respondent. 4.Heard the learned Counsel appearing for the petitioner as well as the learned Standing Counsel appearing for the respondent, who would submit that if a reasonable time is granted to the respondent, appropriate orders will be passed on the representation of the petitioner.

5. In view of the above submission and also considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the respondent to consider the representation of the petitioner dated 18.10.2016 and pass appropriate orders on its own merits and in accordance with law, after taking into consideration of the amount payable by the petitioner, if any and after affording due opportunity of hearing to the petitioner as well as interested parties, if any, within a period of four weeks from the date of receipt of a copy of this order.

6. The writ petition is disposed of as above. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar() /True Copy/ Sub Assistant Registrar

To The Commissioner, Bodinaickanoor Municipality, Theni District.

W.P(MD).No.21765 of 2016 and W.M.P(MD)No.15562 of 2016 24.07.2017 skn SDS/SV:AA/SAR 2/17.08.2017/3P/2C