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2014 DIGILAW 2654 (MAD)

A. R. Ameer Abbas v. Commissioner Pudukottai Municpality, Pudukottai District

2014-08-18

T.S.SIVAGNANAM

body2014
Judgment : 1. The petitioner seeks for issuance of a writ of mandamus to forbear the respondents from interfering with the petitioner's right to occupy and conduct his Business in Shop No.19, South 4th Street, Pudukkottai for his lease period (01.07.2012 to 30.06.2015) 2. The petitioner is the lessee of the shop owned by the Municipality and lease for the said shop was originally granted by the proceedings of the Municipality, dated 26.09.2007 and subsequently, it was extended upto 30.06.2015, subject to five conditions. While that being so, the present proceedings have been initiated by the respondent. In this regard, a representation has been sent to the respondents on 27.06.2014. Since there is no follow up action, the present writ petition has been filed before this Court. 3. The learned counsel for the petitioner would submit that as the lease has been already extended upto 30.06.2015, the respondent Municipality cannot evict the petitioner. 4. The learned counsel for the respondent Municipality, referring to the counter affidavit, submitted that the respondent Municipality is seriously thinking to renovate the Gandhi Park Area and in the said Park Area, there are 21 shops and the shop owners may be given some alternative shops. In the meanwhile, the petitioner has filed this writ petition based on the apprehension that he is likely to be evicted. 5. The learned counsel for the respondent submitted that even though the petitioner is entitled to continue upto 30.06.2015, as per condition No.2 of the proceedings dated 27.06.2012, the Municipality is entitled to take action. 6. In the light of the stand taken by the respondent in the counter affidavit that as on date, no concrete decision has been taken as regards the renovation pertaining to 21 shops in Gandhi Park Area and also the stand that the Municipality will take any action in consultation with the Councillor's meeting, the petitioner may not be summarily evicted. 7. The writ petition is disposed of with an observation that as of now, no decision has been taken by the respondent Municipality. Hence, the petitioner's peaceful possession and enjoyment of the shop in question shall not be interfered with. Consequently, connected M.P.(md).No.1 of 2014 is closed. No costs.