K.M. MOHAN Vs. COLLECTOR

JUDGEMENT

(1.) THE writ petitioner is the appellant and he filed W.P. No. 109 of 2012, praying for the issuance of Writ of Mandamus, directing the second respondent, viz., the Commissioner, Vellore Corporation, to allot shop Nos. 1 and 2 together at Dharapadavedu, Chittoor Bus Stand, Vellore, to him, on priority basis, following Resolution No. 163 dated 31.12.2007. The said writ petition, after contest, came to be dismissed on 03.08.2012 and aggrieved by the same, the appellant has filed this writ appeal.

(2.) IT is the case of the appellant/writ petitioner that he was running a Hotel in the name and style of 'Lakshmi Vilas' Hotel in Chittor Bus Stand, Vellore, belonging to the erstwhile III Grade Vellore Municipality, now Vellore Municipal Corporation and it was leased out to him in the year 1988 and was for a period of one year and subsequently, from the year 1990 onwards, lease was granted for a period of three years, on an increase of 15% of the rent every year.

(3.) THE appellant would also contend that the Vellore Municipality once again passed a Resolution on 31.05.2005 for demolishing the building in question and a writ petition was filed in W.P. No. 13689 of 2005 by one Ganesan, seeking a direction, directing the Vellore Municipality to take possession of the building and it was ordered on 25.04.2005. The appellant, aggrieved by the same, filed W.A. No. 1455 of 2005 and it was taken up along W.A. No. 1172 of 2005 and by a common judgment dated 29.07.2005, W.A. No. 1172 of 2005 was dismissed and as per the order passed in W.A. No. 1455 of 2005, it has been ordered that the appellant herein is to be vacated from the building in question only by a Civil Court or by a Statutory Authority and the Special Leave Petition filed against the said order by the Vellore Municipality before the Honourable Supreme Court also ended in dismissal on 28.11.2005.