Integrated Bus Stand Traders Association (Mattuthavani) rep. by its Secretary I. Kamal v. The Commissioner, Madurai City Municipal Corporation Alagar Koil Main Road
2012-01-05
R.SUDHAKAR
body2012
DigiLaw.ai
Judgment :- 1. Writ Petition is filed praying to issue a Writ of Certiorarified Mandamus to call for the records of the 1st respondent relating to his communication in Ref.No.Ma.Va.5/1769/2002 dated 5.4.2002 and quash the same and pass consequential order refixing the rent and return of the deposit collected for participating in the auction held on 11.03.99. 2. None appears on behalf of the petitioner. The petitioner is the secretary of the integrated bus stand traders Association. This Writ Petition has been filed to quash the impugned communication and consequentially to refix the rent and return the deposit collected in the auction held on 11.03.1999. 3. The impugned order is a reply given to a representation dated 08.01.2002. The first respondent has declined to refund the amount primarily holding that, so long as the shop is in occupation by the successful tenderer, the deposit will not be refunded. The order is under challenge is justified in view of the lease agreement entered into between the individual shop owner and the commissioner corporation, Madurai, which reads as follows: "1. That the sum of Rs. Twenty five thousand Rs.25,000/-which the licensee has paid as security and caution deposits respectively the receipt of which the licensor hereby acknowledged shall carry on interest. 2. That the said security deposit shall be adjusted towards the licence fee due for the last 3 months of the license period and that caution deposit shall be refunded to the licensee on application after the expiry of the license period and after the audit of Municipal accounts for the term is completed and passed and after deducting the amount if any pointed out in audit as liable to be paid by the licensee." 4. The amount, if any, deposited is in nature of the Caution deposit. As long as the individuals continue to occupy the shop, they have agreed to the deposit, without interest. They are bound by the terms of the licence agreement. The writ petition filed contrary to the said agreement is not maintainable. Hence this Writ Petition stands dismissed. No costs.