M. SAVITHRI v. RAO VS COMMISSIONER OF THE CORPORATION OF CITY OF MANGALORE
1986-06-09
M.RAMA JOIS, M.RAMAKRISHNA RAO
body1986
DigiLaw.ai
RAMA JOIS, J. ( 1 ) THESE writ appeals are presented against the common judgment of the learned Single Judge dismissing the writ petitions presented by the appellants in which they had questioned the legality of the notices issued by the Corporation of the City of Mangalore ('the Corporation' for short) by which the licenses granted in favour of the appellants for occupying a portion of the premises in a public market belonging to the Corporation were terminated and they were called upon to vacate the premises. ( 2 ) THE facts of the case, in brief, areasun er : 16 shop premises belonging to the Corporation were disposed of by auction in the year 1980. The notification proposing to hold a public auction of the 16 shops was issued by the Corporation on 22-10-1980, vide annexure-A. All the appellants were successful bidders for securing the license for the period ending 31-3-1982. In terms of the conditions of auction' each of them deposited an amount equal to three months license fee and also entered into an agreement with the corporation. Copy of the agreement is filed as Annexure-B in the petitions. According to the terms of agreement, the period of license was upto 31-3-1982.
In terms of the conditions of auction' each of them deposited an amount equal to three months license fee and also entered into an agreement with the corporation. Copy of the agreement is filed as Annexure-B in the petitions. According to the terms of agreement, the period of license was upto 31-3-1982. Sub-clause (iv) of Clause 14 and clause 15 of the agreement, which are relevant for t he purpose of this case, reads :"14 (iv) If the sums of money hereby reserved or any of them of any part thereof respectively shall be in arrears for the space of fifteen (15) days next alter the same have become payable whether lawfully demanded or not or in case default shall be made by the licensee in the observance or performance of the any of the covenants on his part to be observed of performed then and in either of the said case it shall be lawful for the corporation of the City of Mangalore in addition to and without prejudice to its other rights and remedies consequent on same by notice in writing sent to the licensee to his address given herein to determine those presents and license hereby granted shall immediately cease and determine but without prejudice to any right of action or remedy of the corporation of the City of Mangalore in respect of any previous breach of any covenants on licensee herein contained and the licertsee shall be responsible for all loss or damage sustained by the corporation of City of Mangalore, by reasons of such determination. 15. The Corporation of the City of mangalore hereby reserves the right to clear the shop departmentally on the termination Of the license and if found necessary breaking open the lock and by removing the licensee from the shop through departmental process. "after occupying the shop premises, except for a short period during which the appellants paid the license fee, they failed to pay the license fee. In the circumstances, a notice dated 27th July 1981 or 28th July 1981 was issued to each of the appellants. As the contents of all the notices are similar, it is sufficient to set out the contents of one such notice. The notice issued to the first appellant dated 27-7-1981 (Annexure-C) reads :"a8/11200/81-82 city Corporation Office, mangalore, Dt. : 27-7-81.
In the circumstances, a notice dated 27th July 1981 or 28th July 1981 was issued to each of the appellants. As the contents of all the notices are similar, it is sufficient to set out the contents of one such notice. The notice issued to the first appellant dated 27-7-1981 (Annexure-C) reads :"a8/11200/81-82 city Corporation Office, mangalore, Dt. : 27-7-81. Sub : Central Market Fish Wing Main block Shop No. 1-non payment of license fees-regarding. Ref : 1. This office proceedings No. 11815/77-77 dt. 26-2-81. 2. Report dt. 10-3-82 of the executive Engineer, City corporation, Mangalore. 3 ). Thisofficenoticeno. 11815/ 76-77 dated 10-6-1982. Notice under Sec. 369 and 370 of the kmc Act, 1976. Your attention is invited to clause no 14 (iv) and 15 of the Deed of license executed by you in favour of the Corporation of the City of Mangalore under the said clauses the City corporation has got right to determine the license granted in your favour if the licence fee due in respect of the right to vend in the aforesaid shop is not paid within 15 days of the due date. You are in arrears of licence fee as from 6-3-81 upto July 1981 amounting to Rs. 28,064-50 (Rupees twenty- eight thousand sixty four and paise fifty only) with interest at 121/2% p. a. from the respective due date of payment. In view of your default in the payment of license fee the license is hereby terminated. You are called upon to cease vending in the aforesaid shop forthwith by removing all the movable therein failing which further departmental action as per clause 15 of the deed of license will be taken against you without further reference. The right to collect the arrears of license fee by the appropriate proceedings is reserved. Sd/- commissioner. "questioning the legality of the said notices, the appellants presented writ petitions before this Court. An interim order was issued by this Court in the writ petitions restraining the respondent from dis-possessing the appellants from the shop premises under their occupation. ( 3 ) NONE of the facts stated above are in dispute. Along with the statement of objection, a statement was prepared and produced before the Court regarding the total amount of license fee due from each of the appellants along with interest at the rate of 121/2 per cent upto February, 1982.
( 3 ) NONE of the facts stated above are in dispute. Along with the statement of objection, a statement was prepared and produced before the Court regarding the total amount of license fee due from each of the appellants along with interest at the rate of 121/2 per cent upto February, 1982. The same has also been extracted in the order of the learned Single Judge. It reads :