LAWS(MAD)-2005-7-217

K M MOHAN Vs. DIST COLLECTOR VELLORE DIST

Decided On July 29, 2005
K.M.MOHAN Appellant
V/S
DIST. COLLECTOR, VELLORE DIST Respondents

JUDGEMENT

(1.) BY this common judgment, we dispose off the aforesaid two writ appeals, viz. W. A. No. 1172 of 2005, filed against the order dated 15-3-2005 passed by the learned single Judge, dismissing the writ petition filed by the appellant and W. A. No. 1455 of 2005, filed against the interlocutory order dated 25-4-2005, passed by the learned single Judge in W. P. M. P. No. 14987 of 2005 in W. P. No. 13681 of 2005.

(2.) THE appellant in both these appeals was the lessee in respect of the building belonging to the respondent Municipality, wherein he was running a hotel business since 1988. When the lease period, which was renewed periodically once in three years, expired on 31-3-2005, the respondent-Municipality refused to grant further renewal of the lease in favour of the appellant and directed him to vacate the building as it was resolved by the Municipality to demolish the existing structure and to put up a new construction and to lease out the building by way of public auction. Aggrieved, the appellant filed W. P. No. 8726 of 2005 and sought for renewal of the lease for a further period of three years, which was dismissed by the learned single Judge on the ground that the appellant has no statutory right to insist upon the renewal of the lease in his favour. In the mean time, a councillor of the Municipality filed a writ petition (W. P. No. 13681 of 2005) and in the said writ petition, the learned single judge passed an Interlocutory order, directing the respondents 1 to 3 therein to take possession of the hotel building in compliance of the resolution dated 31-1-2005 passed by the respondent-Municipality and the consequent proceedings of the third respondent dated 1-3-2005. Aggrieved by these orders, the appellant is before us.

(3.) HEARD the learned counsel for the appellant as well as the learned counsel for the respondents and perused the records.