M ARUMUGAM Vs. COMMISSIONER PARAMAKUDI MUNICIPALITY PARAMAKUDI

JUDGEMENT

(1.) THE prayer in the writ petition is for issue of a writ of Mandamus directing the respondents to implement the resolution of the Council of the Paramakudi Municipality, Ramnad Dt., in resolution No. 2466 dated 7-3-1990 and consequently for directing the commissioner of the municipality?first respondent to issue proceedings extending the lease in respect of right to collect fee from the weekly shandy (public market) Paramakudi, under the control of the first respondent beyond the period 30-3-1990 i.e., f or the period 1990-91.

(2.) THE petitioner was the licensee with regard to collection of fees from the municipal shandy. According to him, he bad been the licensee for over a period of 15 years. For the period 1989-90, he was the highest bidder for a sum of Rs. 1,25,002. His bid was accepted by the municipal council and he was granted licence for the period from 1-4-1989 to 30-3-1990. For the subsequent period i.e., 1990-91, he offered to pay an increased fee at Rs. 1,43,757. That was considered by the municipal council and by re solution dated 7-3-1990, they accepted the offer and they gave reasons for accepting his offer as follows?

(3.) LEARNED additidnal government pleader states that tbe government is now considering as to whether the resolution passed by the council should be cancelled by the exercise of powers under S. 36 of the Tamil Nadu District Municipalities Act. Admittedly, no order has been passed by the government till now cancelling the resolution. Unless and until the resolution is suspended or cancelled, by the State government in exercise of powers under S. 36 of the Aet, the resolution shall be given effect to.