C.Velmurugan, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2023 CORAM: THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)Nos.14980 to 14983 of 2017

¶1C.Velmurugan ... Petitioner in W.P.(MD)No. 18589 of 2017

¶2S.Valarmathi ... Petitioner in W.P.(MD)No. 18590 of 2017

¶3P.Thangaraj ... Petitioner in W.P.(MD)No. 18591 of 2017

¶4B.Udhayakala ... Petitioner in W.P.(MD)No. 18592 of 2017 versus

¶1The District Collector, Madurai District, Madurai.

¶2The Assistant Director Madurai District, Madurai.

¶3The Special Officer/ The Block Development Officer Kottampatti Village Panchayat, Kottaimpatti Panchayat Union, Madurai District.

... Respondents in all W.Ps. Prayer in W.P.(MD)No.18589 of 2017: Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus, to call for Impugned Notice under Na.Ka.No.1/2017/Ko-1, dated 26.09.2017 on the file of the 3rd respondent pertaining to directing the petitioner to handover the shop No.16 to the 3rd respondent and quash the same as illegal and consequently, direct the respondents to extend the period of lease by formulating a committee for fixation of fair rent as per Clause 3 of G.O.Ms.No.92, Municipal Administration and Water Supply Department. Prayer in W.P.(MD)No.18590 of 2017: Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus, to call for Impugned Notice under Na.Ka.No.1/2017/Ko-1, dated 26.09.2017 on the file of the 3rd respondent pertaining to directing the petitioner to handover the shop No.19 to the 3rd respondent and quash the same as illegal and consequently, direct the respondents to extend the period of lease by formulating a committee for fixation of fair rent as per Clause 3 of G.O.Ms.No.92, Municipal Administration and Water Supply Department. Prayer in W.P.(MD)No.18591 of 2017: Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus, to call for Impugned Notice under Na.Ka.No.1/2017/Ko-1, dated 26.09.2017 on the file of the 3rd respondent pertaining to directing the petitioner to handover the shop No.20 to the 3rd respondent and quash the same as illegal and consequently, direct the respondents to extend the period of lease by formulating a committee for fixation of fair rent as per Clause 3 of G.O.Ms.No.92, Municipal Administration and Water Supply Department. Prayer in W.P.(MD)No.18592 of 2017: Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus, to call for Impugned Notice under Na.Ka.No.1/2017/Ko-1, dated 26.09.2017 on the file of the 3rd respondent pertaining to directing the petitioner to handover the shop No.18 to the 3rd respondent and quash the same as illegal and consequently, direct the respondents to extend the period of lease by formulating a committee for fixation of fair rent as per Clause 3 of G.O.Ms.No.92, Municipal Administration and Water Supply Department. For Petitioners in all W.Ps. : Mr.K.Mahendran For Respondents : Mr.M.Sarangan, in all W.Ps. Additional Government Pleader COMMON ORDER The petitioners are lessees of shops owned by Kottampatti Village Panchayat at Kottampatti Bus Stand. These writ petitions have been filed in the year 2017 challenging the Tender Notification floated by the respondent Panchayat for conducting a public auction.

¶2The petitioners have filed these writ petitions that the period of lease has to be extended as per G.O.Ms.No.92 Municipal Administration and Water Supply Department, dated 03.07.2007.

¶3The learned Additional Government Pleader appearing for the respondents submits that the Panchayat is intending to demolish the existing complex building and to construct a new building, for which, the amount has also been sanctioned. He further submits that these shops have already been evicted and now, it is under the control of the 3rd respondent Panchayat.

¶4In view of the subsequent development, these writ petitions are closed with liberty to the petitioners to work out their remedy in the public auction proposed to be conducted for allotment of shops after the construction of the new building. No costs. Consequently, connected miscellaneous petitions are closed.

20.11.2023 ogy NCC : Yes / No. Index : Yes / No. Internet : Yes / No. To

¶1The District Collector, Madurai District, Madurai.

¶2The Assistant Director Madurai District, Madurai.

B.PUGALENDHI, J. ogy

¶3The Special Officer/ The Block Development Officer Kottampatti Village Panchayat, Kottaimpatti Panchayat Union, Madurai District.

20.11.2023