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2016 DIGILAW 1455 (MAD)

N. Nethaji v. District Collector, Dindigul District

2016-04-05

B.RAJENDRAN

body2016
ORDER : The petitioner has filed this Writ Petition for a Writ of Mandamus to direct the second respondent to renew the lease period to the petitioner upto the period of 31.12.2017 namely the validity of Drug licence issued by the licensing authority. 2. The only point which has been raised by the petitioner is that the shop was prematurely closed without giving any notice and he has already sought for a alternative place, but, the same has not been considered so far. 3. The learned counsel appearing for the third respondent contended that as per the earlier order of this Court in W.A. (MD) Nos. 247 to 249 of 2015 dated 09.04.2015, all other shops which have been closed, were demolished since the period has expired on 31.03.2016 and they are going to utilize the same only for the Pavement, as they found difficult to operate the buses. The second respondent acted only on the basis of the order of the Honourable Division Bench of this Court. He also fairly stated that due to the Assembly Election, the auction could not be conducted now and it could be done only after the Election, namely, 19th May 2016. 4. At this juncture, the learned Counsel appearing for the petitioner contended that without demolishing the shops before 19th May 2016, the petitioner may be permitted to run the medical shop upto 31.05.2016 and he has prepared to file an affidavit of undertaking before this Court today itself stating that the petitioner is ready and willing to vacate the shop No. 16, without any hindrance on 31.05.2016. 5. Recording the above undertaking given by the petitioner and in view of the special circumstances due to the Election, the second respondent cannot go for auction this interim arrangement order is passed. Hence, the petitioner is at liberty to enjoy the shop only upto 31.05.2016 and insofar as the petitioner's request for alternative shop is concerned, it is for the respondents to consider and pass orders on the same on merits and in accordance with law. It is made very clear this order will not give any right to the petitioner to seek any right to continue the lease period and it is made very clear it is only an interim arrangement and he would vacate and hand over the possession without fail on 31.05.2016 as per the undertaking. 6. It is made very clear this order will not give any right to the petitioner to seek any right to continue the lease period and it is made very clear it is only an interim arrangement and he would vacate and hand over the possession without fail on 31.05.2016 as per the undertaking. 6. With the above observations, this writ petition is disposed of. No costs. Consequently, the connected Miscellaneous petition is closed.