Ramachandran A v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI WP(MD).No.16271 of 2023 and WMP(MD) Nos.13626 & 13627 of 2023 A.Ramachandran ... Petitioner Vs 1.The District Collector, Collectorate, Dindigul District, Dindigul.
2.The Assistant Director of Town Panchayats, Dindigul Region, Collectorate, Dindigul District.
3.The Executive Officer,, Nilakottai Town Panchayat Office, Nilakottai Post, Dindigul District.
4.The President, Nilakottai Town Panchayat Office, Nilakottai Post, Dindigul District.
... Respondents 1/5
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 3 and 4 to extent the lease period in respect of petitioner's occupied Shop No. 14, New Flower Market, Nilakkottai Town Panchayat, Nilakkottai Post, Dindigul District. For Petitioner : Mr.M.Saravanakumar For R1 & R2 : Mrs.D.Farjana Ghoushia Special Government Pleader For R3 : Mr.R.Suresh Kumar Additional Government Pleader
O R D E R
The petitioner is a lessee of Shop No.14 at New Flower Market, Nilakkottai Town Panchayat, Nilakkottai Post, Dindigul District. The said shop was leased out to the petitioner in the auction conducted in the year 2017 for a period of three years. Subsequently, the period of lease was extended for a further period of three years. Believing that further extension would be provided to the petitioner, this petitioner has approached the respondents for extension and the 2/5
same was not considered. Therefore, the petitioner has filed this writ petition for a Mandamus directing the respondents to extend the lease period further.
2.Mrs.D.Farjana Ghoushia, learned Special Government Pleader, who takes notice for the respondents 1 & 2 and Mr.R.Suresh Kumar, learned Additional Government Pleader, who takes notice for the third respondent submit that there is no provision to extend the lease period further. However, the Municipality has called for tender for all the 43 shops by a notification dated 05.07.2023 and the auction is scheduled to be conducted on 28.07.2023.
3.In the absence of any provision mandating the respondents to extend the lease period, this Court cannot entertain this writ petition. Accordingly, this writ petition is dismissed. However, it is always open to the petitioner to participate in the auction to be held 3/5
on 28.07.2023. No costs. Consequently, connected Miscellaneous Petitions are closed.
05.07.2023 NCC : Yes / No.
Index : Yes / No.
vrn To 1.The District Collector, Collectorate, Dindigul District, Dindigul.
2.The Assistant Director of Town Panchayats, Dindigul Region, Collectorate, Dindigul District.
3.The Executive Officer,, Nilakottai Town Panchayat Office, Nilakottai Post, Dindigul District.
4.The President, Nilakottai Town Panchayat Office, Nilakottai Post, Dindigul District.
4/5
B.PUGALENDHI, J.
vrn Order made in WP(MD).No.16271 of 2023 and WMP(MD) Nos.13626 & 13627 of 2023 05.07.2023 5/5