T.S. KARTHIKEYAN Vs. COMMISSIONER, THANJAVUR MUNICIPALITY

JUDGEMENT

(1.) WHETHER the permission granted by the Thanjavur Municipality to make use of their Community Hall while retaining legal possession would amount to a lease is the core question that arise for determination in this Writ Petition. BRIEF FACTS: THE CASE OF THE PETITIONER:

(2.) ACCORDING to the petitioner, Thanjavur Municipality conducted a public auction -cum- tender on 31 July, 2008 for granting lease of their Community Hall. The petitioner quoted a sum of Rs.1,61,000.00 and ultimately, he was declared as the successful bidder. The subject was placed before the Municipal Council and accordingly, a resolution was passed on 29 September, 2008, resolving to grant the lease of the Community Hall to him for a period of three years from the date of handing over the premises. Subsequently, agreement was executed for a period of three years subject to the condition that the petitioner should enhance the rent by 5% every year. The entire lease amount of Rs.1,61,000.00 was duly paid besides a sum of Rs.5,00,000.00 as security deposit. The petitioner, thereafter, spent considerable amount for the purpose of furnishing the Community Hall and for improving and modernizing the kitchen and dining hall.

(3.) THE lease granted to the petitioner expired by 25 September, 2011. The petitioner made a request to extend the lease by another three years. The petitioner placed reliance on the Government Order in G.O.Ms.No.92, Municipal Administration and Water Supply Department, dated 03 July, 2007 in support of his plea for extension. The said request was turned down by the Municipality. Aggrieved by the said order dated 02 August, 2011, the petitioner is before this Court. THE CASE OF THE LOCAL BODY: