A. Shiekh Mohideen v. Commissioner, Kodaikkanal Municipality, Kodaikannal, Dindigul District
2016-03-29
B.RAJENDRAN
body2016
DigiLaw.ai
ORDER : The prayer in this Writ Petition as such is not maintainable at this stage for the simple reason that though the petitioner is a successful bidder, he is in arrears of huge amount right from the very beginning of awarding the contract to him. According to the respondent, the arrears amount is worked out to Rs.4,77,520/-as on date and therefore, he is not entitled to seek any further extension of lease period. Secondly, the request of the petitioner for reduction of the rent has already been dismissed by the respondent, as there is no such provision to do so. Thirdly, the petitioner has been served with notice that he has to pay Rs.23,91,936/-on or before 28.03.2016. At the eleventh hour, he has come forward to this Court. Apart from all these things, as a condition precedent, for continuation of the lease for the year 2016-2017 commencing from 01.04.2016, the petitioner has to pay the said amount, on or before 28.03.2016. As of now, the time limit is already over. Therefore, today, as pointed out earlier, the petitioner cannot even maintain this Writ Petition and thereby, he has already lost his rights. 2. However, at this juncture, the learned counsel for the petitioner submitted that due to the construction put up by the respondent in a portion of the property, he has been unable to utilise the property of the respondent judiciously. Even then, the petitioner says in the affidavit filed in support of this Writ Petition that he is prepared to pay the amount demanded by the respondent provided if breathing time is given to pay the amount in question. 3. As stated earlier, the petitioner cannot have any right to extend the lease period, that too, when he is in arrears of amount to be paid to the respondent. One more aspect is to be taken into account in this Writ Petition is that the original auction amount has not been paid even at the very beginning. However in view of the fact the petitioner has come forward to pay the arrears voluntarily to show his bona fides, as undertaken before this Court, this Court entertains this Writ Petition on condition that the petitioner is directed to pay a sum of Rs.4,77,520/- being the arrears plus 30% of the amount demanded in the impugned order dated 15.03.2016, on or before 31.03.2016, without waiting for an order copy.
After the said amount is paid by the petitioner, it is made clear that the petitioner is permitted to make a representation to the respondent for extension of lease within a period of one week from the date of payment is made. If any such representation is made by the petitioner, after making the payment, the respondent is directed to consider the said representation to be made petitioner with regard to extension of lease for the year 2016-2017, on merits and in accordance with law, and pass appropriate orders, within a period of six weeks from the date of receipt of such payment. It is made clear that if the petitioner fails to pay the aforesaid amount, as directed by this Court, the respondent is directed to proceed with the notice dated 15.03.2016 and pass appropriate orders, in accordance with law. It is also made clear that the respondent shall not construe this order as if giving any positive direction to entertain the request of the petitioner and in other words, the respondent shall orders with respect to extension of lease period, depending upon the facts and circumstances of the case. With the above direction, this Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.