R.KANNAN Vs. COMMISSIONER, SRIVILLIPUTHUR MUNICIPALITY, SRIVILLIPUTHUR

JUDGEMENT

(1.) The appellant is the writ petitioner.

(2.) The writ petitioner filed W.P(MD)No.7915 of 2017, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings / notice dated 07.04.2017 in respect of the Shop bearing No.60, Godown Netaji Road 2, Srivilliputhur, Virudhunagar District and quash the same, with a consequential direction, directing the respondent / local body to renew the lease / licence in respect of the said shop in his favour for the period from 01.04.2017 to 31.03.2020. The said writ petition after contest, came to be dismissed along with connected writ petitions on 24.07.2020 by the learned single Judge and aggrieved by the dismissal of the writ petition, the present writ appeal is filed.

(3.) It is the case of the appellant / writ petitioner that the said shop was leased out in his favour and he is carrying on the business of Rice Merchant in the said shop and was paying the lease / licence amount regularly to the respondent / Municipality. It is further submitted by the appellant / writ petitioner that once in three years, the lease / licence amount of the shop had been increased at 15% per annum and the increased lease / licence amount was also regularly paid by him. The respondent / Municipality sent a communication on 07.04.2017, to the appellant / writ petitioner, stating among other things that the lease / licence period of the said shop, is coming to an end by 31.03.2017 and it has to be extended beyond that and in term of G.O.Ms.No.92, Municipal Administration and Water supply Department, dated 03.07.2007, the lease / licence amount has to be revised once in three years and further sent a communication dated 30.11.2016 and in and by which, the lease / licence amount sought to be revised at Rs.27,600/- per month and on that condition, the lease period will be extended from 01.04.2017 to 31.03.2020. The appellant / writ petitioner by making a challenge to the said communication dated 07.04.2017, came forward to file the writ petition and it was entertained along with similar writ petitions.