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2012 DIGILAW 2546 (MAD)

R. Natarajan v. District Collector

2012-06-20

R.SUDHAKAR

body2012
Judgment :- 1. Writ Petition is filed praying to issue a Writ of Certiorarified Mandamus, to call for the entire records of the third respondent in Na.Ka.No.144/12/A3 dated 31.05.2012 and quash the same and thereby direct the third respondent to return the deposit amount of sum of Rs.1,00,911/- to the petitioner and to receive the key of the shop 'A'. 2. Ms.V.M.Velumani, learned Special Government Pleader takes notice on behalf of the respondents. By consent, the writ petition is taken up for final disposal. 3. By order dated 12.3.2012, this Court in W.P.Nos.483 and 484 of 2012 declined to grant renewal of lease of the shop which the petitioner was occupying as a lessee. Admittedly, the lease period expired on 31.12.2011. Petitioner is occupying the said shop without proper sanction or by a valid order by the respondents. In such view of the matter, the impugned proceedings were issued on 31.5.2012 calling upon the petitioner to handover possession on or before 4.6.2012. Challenging the same, the writ petition has been filed. 4. In the impugned order, it has been stated that after dismissal of the Writ Petition Nos.483 and 484 of 2012, notice was issued to vacate the shop which was returned as refused. Therefore, the present proceedings has been issued. Petitioner states that because the shop is sealed, he is not able to hand over possession. This fact is disputed by the learned Special Government Pleader stating that nothing in the impugned proceedings shows that the shop is sealed. 5. In such view of the matter, since there is no subsisting lease and the petitioner has no right to continue in the shop concerned, the petitioner is directed to approach the third respondent and handover the possession of the shop as directed in the impugned proceedings. Petitioner is not able to point out any legal infirmity or illegality in the order under challenge. Therefore, this Court is not inclined to interfere with the order under challenge except giving liberty to the petitioner to approach the authority for removing the goods before the time specified. It is stated that the petitioner has submitted a representation dated 4.6.2012. The authority shall consider the representation of the petitioner dated 4.6.2012 on its own merits and in accordance with law. 6. The writ petition is disposed of as above. No costs. Consequently, connected miscellaneous petitions are closed.