K.Mahendran, S/O.R.Kubendran v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)Nos.7773 to 7775, 8496 to 8498 of 2017 K.Mahendran .. Petitioner in WP(MD)10134/2017 K.N.P.Krishnan ... Petitioner in WP(MD)11075/2017 v.

1.The State of Tamil Nadu, Rep. by the Secretary to Government, Municipal Administration and Water Supply Department, St.George Fort, Chennai.

2.The Commissioner of Municipalities, Commissionerate of Municipal Administration, 6th Floor, Ezhilagam, Annex Building, Chepauk, Chennai.

3.The Commissioner, Usilampatti Municipality, Usilampatti, Madurai District.

.. Respondents 1 to 3 in both Wps 1/5

4.Sellam .. Respondent 4 in WP(MD)10134/2017 5.Murugan .. Respondent 4 in WP(MD)11075/2017 COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorari calling for the records pertaining to the impugned tender cum auction notice under Na.Ka.No.999/2013/A1 dated 16.03.2017 on the file of the third respondent and quash the same insofar as Shop Nos.JVVT 117, 118 [New Nos.JVVT 36, 37], respectively, are concerned and directing the respondents to extend the period of lease by formulating a committee for fixation of fair rent as per Clause III of G.O.Ms.No.92, Municipal Administration and Water Supply Department.

For Petitioner in both WPs : No appearance For Respondents : Mr.J.K.Jeyaseelan in both WPs Government Advocate for R.1, R.2 Mr.K.Mahendran for R.3 ***** 2/5

COMMON ORDER These writ petitions are filed challenging the tender notification issued by the respondent Municipality stating that the petitioners / existing licensees are entitled to continue the shop as per G.O.Ms.No.92, Municipal Administration and Water Supply Department, dated 03.07.2007. 2.When the writ petitions came up for hearing today, there is no representation for the petitioners.

3.Learned Counsel for the third respondent / Municipality submitted that the entire shopping complex has been demolished and the Municipality is now constructing a new complex thereon. He has also pointed out to the amendments made in Tamil Nadu Urban Local Bodies Rules and submitted that hereafter, the shops would be allotted only by way of public auction once in three years.

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Recording the aforesaid submission made by the learned Counsel for the third respondent / Municipality, these writ petitions are closed. No costs. Consequently, connected miscellaneous petitions are closed. Index :

Yes / No 04.12.2023 NCC :

Yes / No Internet :

Yes gk To 1.The Secretary to Government, State of Tamil Nadu, Municipal Administration and Water Supply Department, St.George Fort, Chennai.

2.The Commissioner of Municipalities, Commissionerate of Municipal Administration, 6th Floor, Ezhilagam, Annex Building, Chepauk, Chennai.

3.The Commissioner, Usilampatti Municipality, Usilampatti, Madurai District.

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B.PUGALENDHI, J.

gk 04.12.2023 5/5