S DIRAVIYAKKON Vs. DISTRICT COLLECTOR KANYAKUMARI DISTRICT

JUDGEMENT

(1.) The writ appeal and the writ petitions are taken up together as common questions of law and facts are involved in all these cases. The writ appeal is filed against the dismissal of the writ miscellaneous petition filed by the appellant praying for injunction pending disposal of the writ petition. For the sake of convenience, the appellant in the appeal is also referred to herein as the Petitioner.

(2.) The writ petitions are directed against the order of the Collector of Kanyakumari district directing the Monday Market Town Panchayat to lease out the shops by public auction after setting aside the revision of the rentals made by the Panchayat. The petitioners in these cases had taken settlement of the lease in respect of the respective shops by public auction. The original lease was for a period of three years. Thereafter, the Panchayat revised the rental and offered to the petitioners to take a fresh lease for a further period of three years on the revised rental. The petitioners challenged the order of revision before the Collector contending that the enhancement was not justified. It is admitted position before us that in all these cases, the Collector set aside the order of revision of rental, but directed settlement to be made by public auction. It is this part of the order, as already stated, which is under challenge before us.

(3.) Learned counsel appearing on behalf of the petitioners submitted that the Collector having set aside the revision of rental, the petitioner are entitled to a renewal of the lease in their favour at the old rental for a period of three years under Sub-rule (1-1) of Rule 12 of the Tamil Nadu Panchayat Rules framed under the Tamil Nadu Panchayat Act, 1958. Learned counsel for the Panchayat, however, contended that settlement of lease in respect of shops should be effected only by public auction, as that will help the Panchayat in getting a higher rental. These rival contentions of the parties call for determination in these writ petitions. The relevant rules in this regard may be usefully quoted: R.12 (1-B)(a):