P. Sadaiyan v. Commissioner, Cumbum Municipality Office, Theni District
2016-03-30
B.RAJENDRAN
body2016
DigiLaw.ai
ORDER : 1. This Writ Petition is filed challenging the order dated 24.03.2016, whereby, his request for extension of lease was rejected. 2. The Writ Petitioner is the successful bidder for the year 2015-2016 and he did not comply with the conditions stipulated in the auction, namely, the payment of the lease amount, service amount and income tax amount. Though the amount is Rs.22,00,000/- lakh and odd, the petitioner has paid only Rs.19,00,000/- lakh and odd. In the meanwhile, the first year gets expired on 31.03.2016 and the petitioner has sent another application for the year 2016-2017 whereby he requested the authorities to pay the lease amount in ten instalments. The said request was negatived by the respondent on the ground that the petitioner has huge arrears to be remitted to the Municipality; as per the condition of the auction, the petitioner should have paid the entire amount in one lump sum instalment for the first part of the year, but, he has not paid the same and for the second part of the year, he wants to pay on instalment basis and there is no provision for paying the lease amount on instalment basis. By stating so, the respondent has rightly rejected the request of the petitioner. 3. It is an admitted fact the petitioner has arrears for the previous lease period. A person who is in arrears can not expect any discretion from this Court. When he is arrears of amount, there is no question of considering for the year 2016-2017. The order clearly indicates the conduct of the petitioner. Therefore, I do not find any merit in the contention of the learned counsel for the petitioner and there is no need to quash the reasoned order passed by the respondent. The order passed by the respondent is upheld by dismissing the claim of the petitioner. 4. In the result, this Writ Petition is dismissed in limine. No costs. Consequently, the connected miscellaneous petitions are closed.