This writ petition challenging the refusal to renew a market license was dismissed. The court held that license renewal cannot be mechanical and requires a public auction per the Tamil Nadu Urban Local Bodies Act, 2022, noting the oral extension violated statutory rules and the petitioner remained unlicensed.
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.
W.P.(MD)No.16888 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.(MD)No.16888 of 2024
S.Perumal
... Petitioner
Vs
... Respondents
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W.P.(MD)No.16888 of 2024
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the 2nd respondent to renew the petitioner's license by extending the period of license to collect charges for the agricultural produces and collect rent for the shops in the Daily Market comes under the control of Usalampatti Panchayath Union by considering the petitioner's representation, dated 08.12.2022.
For Petitioner : Mr.F.Deepan For Respondents : Mr.D.Sadiq Raja (R1-R4,6) Additional Govt. Pleader Mr.M.Sarangan (R5) Additional Govt. Pleader
O R D E R
This Writ Petition has been filed seeking direction to the 2nd respondent to renew the petitioner's license by extending the period of license to collect charges for the agricultural produces and collect rent for the shops in the Daily Market under the control of Usalampatti Panchayath Union by considering the petitioner's representation, dated 08.12.2022.
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W.P.(MD)No.16888 of 2024
The petitioner's license was renewed for a further period of two years from
01.04.2008 to 31.03.2010 and again, the same was renewed by the second
respondent in Na.Ka.No.1093/2011/A5, dated 01.06.2011 and the further period was extended from 01.06.2011 to 31.03.2014. The petitioner has also paid the increased amount and the 5th respondent has orally extended the license periodically from the year 2014 to 2021.
3.According to the petitioner, he has paid the entire lease amount.
Hence, seeks a direction once again to renew the license by considering his representation, dated 08.12.2022.
4.At the outset, this Court is of the considered view that the renewal
of license or removal of license cannot be made mechanic. The petitioner been shown with undue importance by the Authorities for granting extension without following any proper procedure.
5.In fact, in the affidavit itself it is stated that lease period has been
orally extended for the period from the year 2014 to 2021, which is totally in violation of the rules as per the Tamil Nadu Urban Local Bodies Act, 2022. Rule
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W.P.(MD)No.16888 of 2024
316 makes it very clear that after the completion of the lease period, no extension or removal of license shall be permitted and any application for the same shall be considered afresh in accordance with the Acts and Rules. It is the duty of the Authorities to take action to conduct the public auction. So that anyone can participate in the auction. As a matter of right, there cannot be any direction. It is brought to the notice of the Court that the petitioner has not even paid the lease amount. In this regard, the 2nd respondent has also issued a show-cause notice against the petitioner.
6.In view of the aforesaid reasons, this writ petition stands dismissed.
There shall be no order as to costs.
05.08.2024
NCC : Yes/No Index : Yes/No PNM
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W.P.(MD)No.16888 of 2024
To
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W.P.(MD)No.16888 of 2024
N.SATHISH KUMAR, J.
PNM
ORDER IN W.P.(MD)No.16888 of 2024
05.08.2024
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3 issues framed by the court
Whether the court can direct the 2nd respondent to renew the petitioner's license for collecting market charges by considering a representation dated 08.12.2022.
Whether renewal of a license can be made mechanically without following proper procedure and conducting a public auction.
Whether the petitioner is entitled to the renewed license despite the oral extension violating the Tamil Nadu Urban Local Bodies Act, 2022.
2 provisions across 2 enactments
S.Perumal
The District Collector, Madurai District
The Commissioner, Usilampatti Panchayath Union Office
The Project Director, District Panchayath Development
The Assistant Director of Panchayath
The Block Development Officer, Usilampatti Panchayath Union Office
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
