Madras High Court
Ar.Palanikumar vs The District Collector on 8 June, 2022
W.P.(MD).No.7741 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.06.2022
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD).No.7741 of 2011
and
M.P.(MD).No.2 of 2011
AR.Palanikumar ... Petitioner
Vs.
1.The District Collector,
Sivagangai District,
Sivagangai.
2.The Executive Officer,
Selection Grade Panchayat,
Thiruppathur,
Sivagangai District.
3.Shanmugam ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorarified Mandamus, to
call for the records pertaining to the impugned Auction Notice issued by
the second respondent in Na.Ka.No.78/11 dated 15.02.2011 in so far as
the petitioner's IUDP Shop No.16 concern and consequently order in
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W.P.(MD).No.7741 of 2011
Na.Ka.No.140/2010 dated 24.06.2011 and quash the same on the ground
that the same as arbitrary and illegal and consequently direct the second
respondent to renew the petitioner's licence as per the G.O.Ms.No.92
dated 03.07.2007 (Municipal Administration and Water Supply
(Na.Nee4) Department.
For Petitioner : Mr.S.Sathiskumar
For R-1 : Mr.N.Muthuvijayan,
Special Government Pleader.
For R-2 and R-3 : No appearance
ORDER
The present writ petition has been filed challenging the public
auction notice, dated 24.06.2011 issued by the Town Panchayat for
bringing the shops in the bus stand for public auction. According to the
writ petitioner, he is the existing licensee of the said shop and he has
been directed to hand over the keys. The said order is under challenge in
the writ petition.
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W.P.(MD).No.7741 of 2011
2. According the learned counsel for the writ petitioner, he is
entitled to benefits under G.O.Ms.No.92 (Municipal Administration and
Water Supply department) dated 03.07.2007 and hence he is entitled to
extension of lease period for a further period of three years totally up to
the period of nine years. Without following the said Government Order,
the shops are being brought to auction.
3. On the other hand the learned Counsel for the respondent
submits that as per the Division Bench judgment of our High Court in
W.A.No.1460 of 2021, it is for the local body to decide whether to
extend the benefit of G.O.Ms.No.92 for the existing licensees or to going
for a public auction of the shops. Since it is the discretion of the local
authority, the question of the court interfering in the same and stopping a
public auction could not arise.
4. Considering the above contentions of the parties, it is clear that
the present writ petitioner is in possession of the disputed shops for more
than nine years. Even assuming that G.O.Ms.No.92 is applicable to the
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W.P.(MD).No.7741 of 2011
writ petitioner, the petitioner has exceeded the said maximum limit as
contemplated under G.O.Ms.No.92. Hence the petitioner will not be
entitled to any relief under the present writ petition.
5. However, the learned counsel for the petitioner submits that
though he was ready to pay the rental arrears, the second respondent is
not receiving the same. Unless the rental arrears is received by the
second respondent, he would not be in a position to participate in the
public auction. Considering the above said facts, the second respondent
is directed to receive the rental arrears from the writ petitioner as and
when it is paid. Unless the writ petitioner pays the entire rental arrears,
he may not be permitted to participate in the public auction for the said
shops.
6. With the above said observations, the Writ Petition is disposed of.
No costs. Consequently, connected miscellaneous petition is closed.
08.06.2022
Index : Yes / No
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W.P.(MD).No.7741 of 2011
Internet : Yes / No
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Note :
In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may
be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the correct
copy, shall be the responsibility of the advocate /
litigant concerned.
To
The District Collector,
Sivagangai District,
Sivagangai.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.7741 of 2011
R.VIJAYAKUMAR ,J.
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Order made in
W.P.(MD).No.7741 of 2011
08.06.2022
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