Madras High Court
Thamarai Women And Child Development ... vs The Commissioner on 10 March, 2015
Author: B.Rajendran
Bench: B.Rajendran
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2015 CORAM THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD).No.2909 of 2015 and M.P.(MD) No.2 of 2015 Thamarai Women and Child Development Sangam, Represented by its President, R.Usha Rani, W/o.Ramachandran, Door No.21/41, Krishnan Koil Sannathi Street, Melakadayanallur, Kadayanallur, Tenkasi Taluk, Tirunelveli District. : Petitioner Vs. The Commissioner, Kadayanallur Municipality, Kadayanallur, Tenkasi Taluk, Tirunelveli District. : Respondents PRAYER Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned cancellation order dated 22.12.2014 in Na.Ka.No.3524/2014/A3 issued by the respondent and the consequential tender notification dated 18.02.2015 issued by the respondent by his proceedings in Na.Ka.No.1399/2013/A3, 3344/2014/A3, 3524/2014/A3 and 4994/2014/A3 and quash the same in so far as the Serial No.2 of consequential tender notification and consequently direct the respondent to issue necessary allotment order in respect of Shop Nos.1 & 2 of the Kadayanallur Bus Stand belongs to the respondent municipality and pass further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice. !For Petitioner : Mr.V.Sasikumar ^For Respondent : Mr.P.Srinivas Standing Counsel *** :ORDER
This Writ Petition has been filed challenging the impugned cancellation order dated 22.12.2014 in Na.Ka.No.3524/2014/A3 issued by the respondent and the consequential tender notification dated 18.02.2015 issued by the respondent by his proceedings in Na.Ka.No.1399/2013/A3, 3344/2014/A3, 3524/2014/A3 and 4994/2014/A3 in so far as the Serial No.2 of and consequently direct the respondent to issue necessary allotment order in respect of Shop Nos.1 & 2 of the Kadayanallur Bus Stand belongs to the respondent municipality.
2.According to the petitioner, their sangam is a Self Help Grooup involved in manufacturing and selling cottage products including hand crafts and other products and the have been allotted the shops by proceedings dated 04.06.2002 by the respondent municipality. Further, they would contend that they have been paying the rent from the date of allotment without any due. While so, the Commissioner of the respondent municipality passed an order by proceedings dated 22.12.2014, cancelling the licence of the petitioner sangam with effect from 31.03.2015 that too without notice. Aggrieved against the same, they have come forward with this Writ Petition.
3.The learned counsel for the respondent would contend that the lease was originally given in the year 2002 for only one year and it has been periodically extended. In any view of the matter, the present order is a notice cancelling the lease giving three months notice. In fact, the notice is dated 22.12.2014 cancelling the licence with effect from 31.03.2015. Therefore, the petitioner was given clear three month notice. Further, the respondent municipality is going to conduct public auction which will fetch huge amount to the municipality and they have no objection for the petitioner in participating in the public auction.
4.As rightly pointed out by the respondent counsel, the notice is a clear three months notice to evict the petitioner. Therefore, the petitioner's contention that no notice was issued is wrong. Further, the period originally given was only for one year and later on it has been extended and the petitioner has been there for the past thirteen years and the rent amount is very meagre. Now, if it is given in public auction, naturally it will fetch a good amount. As per the decision of the Hon'ble Supreme Court, in these matters licence should be given only through public auction. Therefore, there is nothing wrong in the order passed by the respondent and the same is correct. The writ petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed. However, the petitioner is also permitted to take part in the public auction to be conducted by the respondent municipality.
10.03.2015 Index :Yes/No Internet :Yes/No To The Commissioner, Kadayanallur Municipality, Kadayanallur, Tenkasi Taluk, Tirunelveli District.
B.RAJENDRAN, J srm W.P.(MD).No.2909 of 2015 and M.P.(MD) No.2 of 2015 10.03.2015