K. ANBAZHAGAN Vs. THE POLLACHI MUNICIPALITY

JUDGEMENT

(1.) The Petitioner seeks for issuance of a Writ of Mandamus to forbear the respondent Municipality from demolishing the superstructure in a leasehold land bearing Door No. 117, Raja Mill Road, Pollachi, and not to dispossess the petitioner till the expiry of the lease period to be renewed in terms of G.O. Ms. No. 92, Municipal Administration & Water Supply Department, dated 03.07.2007.

(2.) The petitioner's father was given on lease as vacant land pursuant to his application dated 19.02.1970, for establishing an Auto -mobile workshop. The lease rent was fixed at Rs. 90/ - per month. After the demise of the petitioner's father on 03.06.1984, the lease is said to have been transferred in the petitioner's name. Applying G.O. Ms. No. 92, dated 03.07.2007, the lease granted in favour of the petitioner was renewed for a period of three years upto 31.03.2012, with enhanced lease rent of Rs. 3450/ -, per month. On expiry of the lease on 31.03.2012, the lease was extended upto 31.03.2015, on an enhanced lease amount of Rs. 3968/ - per month. The petitioner claims that in terms of G.O. Ms. No. 92, he is entitled for a third automatic renewal of lease till 31.03.2018. It is alleged that on 08.12.2014, the Commissioner of the respondent Municipality along with his officers and the employees demolished a portion of the Auto -mobile workshop and the petitioner was orally directed to remove the remaining superstructure and hand over vacant possession of the leasehold property on or before 10.12.2014. It is submitted that in spite of the petitioner having informed the officials that the lease is subsisting till 31.03.2015, and entitled for further renewal of three years, the officials were not in a mood to consider the petitioner's request, which has prompted the petitioner to approach this Court. The fact that the lease had been renewed upto 31.03.2015, is not in dispute in the light of the proceedings of the respondent Municipality, dated 13.06.2012 in Na.Ka. No. 9588/2012/A6.

(3.) Thus, the short question to be considered is as to whether the petitioner is entitled for a third renewal upto 31.03.2018.