The High Court held that the lease dispute belonged to the Karaikudi Municipality to adjudicate based on government rules, noting the lapse of the original lease term and the diversion of municipal income. The petition was dismissed, and interim stay orders were vacated.
Writ petition dismissed; interim stay orders vacated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.01.2017
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
W.P.NO.5514 OF 2003
D.Chairman
... Petitioner
Vs. 1.Karaikudi Municipality Rep. By its Commissioner Karaikudi – 630 002. 2.D.Srinivasan 3.A.Balasubramanian ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India by with a prayer to issue a Writ of Certiorarified Mandamus, to call for the records in the first respondent proceedings Na.Ka.No.A1/8853/2001 dated 01.02.2003 and quash the same, consequently restoring the lease pertaining to the first respondent Municipality's Stall No.1, Municipal New Buildings, 81, Kallukatti East, Karaikudi – 1, Sivagangai District in favour of the petitioner.
For Petitioner : Mr.PL. Narayanan For Respondent-1 : Mr.S.Gunasekaran Additional Government Pleader
For Respondent-2 : Mr.A.R.L.Sundaresan Senior Counsel for Ms.A.L.Ganthimathi
O R D E R Shop No.1 in the shopping complex belonging to Karaikudi Municipality is the subject matter of this writ petition. Originally, it was allotted to one S.Dhanushkodi Nadar, who was running a provision stores in the name of Subbiah Stores. After the death of S.Dhanushkodi Nadar, his two sons, namely D.Chairman (Petitioner) and D.Srinivasan (2nd respondent) were running business in the said shop. The Karaikudi Municipality effected change of name and in the place of Late S.Dhanushkodi Nadar, D.Chairman's name was substituted. It
appears that D.Chairman (petitioner) and D.Srinivasan (2nd respondent) had entered into an agreement of compromise on 21.09.2000, which was recorded in Rs.10/- Non-Judicial stamp paper, in which, D.Chairman had agreed that the allotment of Shop No.1, may be given to D.Srinivasan. Pursuant to this, D.Srinivasan made an application to Karaikudi Municipality and the Municipality by the impugned order dated 01.02.2003 effected name change by substituting the name of D.Srinivasan in the place of D.Chairman. Aggrieved by this, D.Chairman (petitioner) is before this Court.
into. It is always open to the Karaikudi Municipality to proceed with the lease of the Shop premises, in terms of the Government Orders, that are issued from time to time.
Sd/Asst.Registrar /true copy/ Sub Asst. Registrar TK To The Commissioner Karaikudi Municipality Karaikudi – 630 002.
+1cc to M/s.S.Gunasekaran, Advocate sr.2273
+1cc to M/s.AL.Gandhimathi, Advocate sr.2420 +1cc to M/s.P.L.Narayanan, Advocate sr.2682
W.P.NO.5514 OF 2003 ppa(co) ss(15/02/2017)
2 issues framed by the court
Whether the jurisdiction of the Court extends to adjudicate upon a disputed question of facts regarding lease allotment.
Whether the writ petition should be dismissed in light of the lapse of the original lease period and government rules.
1 provisions across 1 enactments
D.Chairman
Karaikudi Municipality
D.Srinivasan
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
