MEENAKSHI SUNDARAM Vs. COMMISSIONER SIVAGANGAI MUNICIPALITY

JUDGEMENT

(1.) THESE writ petitions were originally filed challenging the order dated 30.10.2009 cancelling the petitioner's leasehold rights to collect the toll in the daily market, 61 stalls and 10 shops therein in the Sivagangai Municipality and to forbear the respondents from interfering with the petitioner's leasehold rights to collect toll in the daily market for vegetables, cattle and other objects in the Sivaganga Municipality granted as per the proceedings in Na.Ka.No.3605/08/A2 dated 30.03.2009.

(2.) AS the subject matter in all these writ petitions is one and the same, they are taken up together and decided by a common order.

(3.) HE would also further contend that the petitioner, even during the pendency of the writ petition as early as 24.12.2009, sent a request for renewal of all the four items. Subsequently, on 11.02.2010, he sent a demand draft seeking renewal. Thereafter, on 14.02.2010, he filed a writ petition in W.P.No.1751 of 2010 seeking mandamus to renew the lease for the year 2010-2011. But, even though this writ petition was pending and his application for renewal was also pending, the Commissioner published notice for re-auctioning the properties for a further year by way of publication dated 18.02.2010. Challenging the said publication for auctioning the properties, he has filed another writ petition in W.P.No.2846 of 2010 challenging the above auction. Therefore, he took another auction on 18.03.2010 for the remaining two items as per the order dated 16.02.2010 and sought permission of the Municipality to accept the same and the same was also denied. Therefore, he has filed separate writ petitions in W.P.No.3068 and 3069 of 2010 seeking mandamus to accept the demand draft and renew the licence in respect of right to sell murukku and entrance fees for buses on 10.03.2010. On 11.03.2010, the respondents undertook to postpone the auction which is the subject matter in the writ petition. In the meanwhile, on 25.03.2010, since the writ appeals were dismissed directing to work out the remedies, on 25.03.2010, the respondents conducted further auction.