N.Rajam v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.25568 of 2023 N.Rajam ... Petitioner Vs.

The Commissioner, Karur City Municipal Corporation, Corporation Office, Karur.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to cancel the lease stands in the petitioner's name with respect to shop No.4 West Pradarshanam Road, Mini Bus Stand, Karur by considering the petitioner's representation dated 05.05.2020 and 22.11.2023 and pass appropriate orders within a time stipulated by this Court.

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For Petitioner : Mr.V.Meenakshi Sundaram For Respondent : Mr.K.Balasubramani, Standing Counsel.

ORDER

Heard both sides.

2.All that the petitioner wants is to surrender the shop allotted to her by the local body. The learned standing counsel points out that the petitioner is in huge arrears. In my view, these two issues need not be needlessly interlinked.

3.The respondent is directed to accept the surrender of the shop. The respondent can very well lease it out afresh in a public auction. The respondent can very well proceed against the petitioner for recovery of the past arrears notwithstanding the acceptance of surrender. Surrender of the shop will not absolve the petitioner's past sins. 2/4

4.This writ petition is allowed on these terms. No costs. Consequently, connected miscellaneous petition is closed. 13.12.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

ias 13.12.2023 4/4