A writ petition filed by the petitioner challenging the eviction from a municipal Flower Tender Center. The High Court held that the lease term had lapsed and the dispute stood resolved by the subsequent valid allottment of the premises to a new highest bidder. The petition was dismissed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2018
Coram THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.20160 of 2009 and M.P.No.1 of 2009
P. Nagarajan
... Petitioner
Vs.
... Respondents
Prayer : This Writ Petition has been filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the 2nd respondent to renew the rent to the petitioner's Flower bid center, Krishnagiri Market, Krishnagiri and District as per the rules applicable to the Krishnagiri Municipality and receive the same from the petitioner.
For petitioner :Mr.M. R. Jothimanian For Respondents :Mrs. Thangavadhana Balakrishnan Additional Government Pleader (for R1) Mr.A.Arumugam (for R2 & R3) O R D E R
The relief sought for in this writ petition is to direct the 2nd respondent to renew the rent to the petitioner's Flower bid center, Krishnagiri Market, Krishnagiri and District as per the rules applicable to the Krishnagiri Municipality and receive the same from the petitioner.
as he was the highest bidder, the Municipal Council, Krishnagiri passed the resolution No.218 on 30.06.2005 thereby decided to allot the said shop to the petitioner. The shop was also alloted as per order Na.Ka.No.7659/2004/A2, dated 06.07.2005 and handed over to the petitioner with effect from 01.07.2005. The petitioner is also paying yearly lease amount, as agreed in the bid. Though there was no specific clause for renewal of rental amount in the allotment order, as instructed by the respondent at the time of allotment, the petitioner approached the second respondent on various dates for the renewal of rental amount for the said shop. But, the second respondent did not renew the same and hence, the third respondent/the municipality Chairmen was attempting to evict the petitioner from the said shop. The petitioner has made a representation to the District Collector on 17.09.2009, but no response has been received from the first respondent/ District Collector. Hence the petitioner is before this Court by way of this writ petition.
In view of the above statements, as the lease period for the petitioner was lapsed and subsequently, the lease was allotted to one K.R.Nagarajan, for the period 2009 – 2012, nothing survives in this writ petition for further adjudication. Accordingly, this writ petition is dismissed. Consequently, connected Miscellaneous petition is closed. No costs.
-s/d- Assistant Registrar
True Copy
Sub-Assistant Registrar
vum/bkn
To
+1 CC to Mr.A.Arumugam, Advocate sr 52240.
+1 CC to The Govt. Pleader sr 52906.
W.P.No.20160 of 2009
and M.P.No.1 of 2009
GJ(CO)
SP(07/03/2019)
2 issues framed by the court
Whether the petitioner is entitled to a renewal of the lease for the Flower Tender Center without a specific renewal clause.
Whether the petitioner's lease was validly extinguished by the municipality allotting the premises to a new highest bidder for the period 2009-2012.
P. Nagarajan
The District Collector, Krishnagiri District
The Commissioner, Krishnagiri Municipality
The Chairman, Krishnagiri Municipality
V. Bhavani Subbaroyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
