V S BALAKRISHNAN Vs. PUDUKOTTAI MUNICIPALITY

JUDGEMENT

(1.) THE petition is for issue of mandamus calling for the records pertaining to the Notification issued by the first respondent in na. Ka. A. 4/ 15423/89, dated 29. 1. 1990 and to quash the same insofar as the item 1 is concerned. Item 1 of the Notification relates to a right to collect fees in the weekly market for the period from 1. 4. 1990 to 31. 3. 1991. According to the petitioner, when the auction was held in the pervious year, he was a successful bidder for a sum of Rs. 7,00,150. He was directed to pay a sum of rs. 51,300 every month. A document was executed on 5. 4. 1989 on a stamp paper of rs. 5. Under that document the right of collecting the fees in the weekly market, Pudukottai during the period from 1. 4. 1989 to 31. 3. 1990 was given to the petitioner herein.

(2.) IT is contended by the petitioner that the document is really one of lease and the petitioner has become a tenant under the municipality by virtue of the said document and it is not open to the municipality to hold a fresh auction for the period 1990-91 and dislodge the petitioner. The second contention is that the petitioner is entitled to the benefit of G. O. Ms. No. 285, Municipal Administration and Water Supply Department, dated 29. 4. 1985, under the terms of which the petitioner is entitled to continue on paying an increased lease amount of 15% every year.

(3.) RELIANCE is placed by learned counsel for the petitioner on two clauses in the document dated 5. 4. 1989. In Clause I it is stated that the Municipal Council has granted to the licensee the sole and exclusive licence and authority to only collecting the fees in the weekly market by leasing to vendors situated at the registration sub-district. It is submitted that the expression used in "leasing to vendors". According to the petitioner, a right to lease out the property has been conferred on the petitioner by the Municipality under the document. Secondly, reliance is placed on the last clause of the document which reads thus: "he shall maintain the market shops and stalls and be in possession with the right of leasing the shops and the stalls. The licensee shall hand over possession of the buildings and vacant lands on the expiry of term in the same condition in which he is now put in possession.