C THULASIMANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THERE is no merit in this writ petition. The petitioner became the successful bidder the auction held in 1987 and was granted a lease for a period of 3 years. He took possession of the shop on 27.2.1987. One of the specific conditions was that the lease will be operative for a period of three years from the date of taking possession. Consequently, his ended on 26.2.1990. The second respondent notified and held a fresh auction on 4.1.1990. The 4th respondent is the successful bidder in the auction held on 4.1.1990. The petitioner has come forward with this writ petition for the issue of a writ of certiorarified mandamns calling for the records of the second respondent notifying the auction and quashing the and directing respondents 1 to 3 to permit the petitioner to continue in his shop as long pays the rent regularly.

(2.) THE first contention raised by the learned counsel of the petitioner is that he is entitled the benefits of G.O.Ms.No.285, dated 29.4.1985. Under. the said G.O. the government provided for municipal buildings being leased out for three years and for increase of the second and third year at particular rates mentioned in the G.O. THE auction in which petitioner participated and became the successful bidder in 1987 was held only in pursuance of the said G.O. THE maximum period fixed by the Government Order is only three That period having come to an end, the petitioner cannot claim the benefit under the G.O.