Petitioner sought a writ forbearing the Dharapuram Municipality from cancelling his lease for a shop. The court dismissed the petition finding the lease expired and the municipality had taken possession in 2013.
None granted; petition dismissed with no costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.10.2020
CORAM :
The HON'BLE MR.JUSTICE M.DURAISWAMY
W.P.No.17144 of 2013 and M.P.Nos. 1 & 2 of 2013
Shak Abdul Kadhir @ S.A.Seit ... Petitioner
vs.
1.State of Tamil Nadu, Rep. By its Secretary to Government,
Municipal Administration & Water Supply Department, Fort St. George, Chennai.
Writ Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus, forbearing the 2nd respondent from evicting/cancelling the lease for Bus Stand Rettai Kadai in Dharapuram Bus Stand.
For Petitioner : Ms. S. Madhumithaa
For Respondents : Ms. A. Madhumathi Special Govt. Pleader – R1 & R3
The petitioner has filed the above Writ Petition to issue a Writ of Mandamus forbearing the 2nd respondent from evicting/cancelling the lease for Bus Stand Rettai Kadai in Dharapuram Bus Stand.
stated that the petitioner sublet the shop portion to some third parties and the sub lessee vacated the shop portion and handed over the possession of the shop to the 2nd respondent in the year 2013 and that since the year 2013, the shop is in possession of the 2nd respondent. Further, the 2nd respondent has stated that the petitioner has not sought for extension of lease after 31.03.2019 and therefore, now the petitioner cannot claim possession of the shop after 1½ years from the date of expiry of lease period.
that the petitioner has not submitted any application seeking for extension of lease period.
Sd/-
Assistant Registrar(CS )
//True Copy//
Sub Assistant Registrar
To
rr(co)
krd 3/11
W.P.No.17144 of 2013 and M.P.Nos. 1 & 2 of 2013
1 issue framed by the court
Whether a writ of Mandamus should be issued forbearing the municipality from evicting/cancelling the lease expired on 31.03.2019.
1 provisions across 1 enactments
Shak Abdul Kadhir @ S.A.Seit
State of Tamil Nadu
Dharapuram Municipality
District Collector
M. Duraiswamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
