K M MOHAN Vs. COLLECTOR

JUDGEMENT

(1.) THIS writ petition has been filed praying that this Court may be pleased to issue a writ of Mandamus, directing the second respondent to allot shop Nos.1 and 2, at Dharapadavedu-Chittoor bus stand, Vellore, to the petitioner, on priority basis, pursuant to the Resolution No.163, dated 31.12.2007, passed by the then Vellore Municipality, at the rate fixed by the Government.

(2.) IT has been stated that the petitioner has been running a Hotel, in the name and style of Lakshmi Vilas Hotel, in a building situated at the Chittoor bus stand belonging to the erstwhile III Grade Vellore Municipality, presently the Vellore Corporation. The building in question had been leased out to the petitioner, in the year, 1988. The lease had been granted to him, initially, for a period of one year. From the year, 1990, the lease had been granted, for a period of three years, on an increase of 15% of the rent, every year. The petitioner had been in continuous possession of the building in question and he had been paying the rent, on a regular basis, without any default. The petitioner had also been living in the said building, with his wife and his three children. While so, the petitioner had made several representations, to the erstwhile Vellore Municipality, to carry out the necessary repairs in the building in question, as its roof had started leaking. However, there was no proper response from the said Municipality.

(3.) IT had been further stated that, aggrieved by the said order, the petitioner had filed a writ appeal, in W.A.No.1172 of 2005. The writ appeal had been allowed, by a decision of the Division Bench of this Court, dated 29.7.2005. The special leave petition filed by the Municipality, before the Supreme Court, had been dismissed.