V NALLATHAMBI Vs. COMMISSIONER UDUMALAIPET MUNICIPALITY

JUDGEMENT

(1.) HEARD Mr. C. Selvaraju, the learned counsel appearing for the petitioner and Mr. G. Sankaran, the learned counsel appearing for the Municipality.

(2.) THE brief facts as stated by the petitioner are as follows: the respondent Municipality had constructed shops, which were brought to public auction for allotment on lease. The petitioner was the successful lessee in respect of Shop No. 2 in the Municipality Commercial Complex at Udumalaipet, Coimbatore District. From the year 1986, the petitioner has been in occupation of the shop, as a lessee of the respondent Municipality. While so, the respondent had issued a show cause notice, dated 14. 10. 1998, calling upon the petitioner to submit his explanation, as to why the lease should not be cancelled and possession be taken from the petitioner, for the reason that the petitioner had sub-let the premises in question. The petitioner had not submitted any explanation, since he had not sub-let the premises to any one. Thereafter, an order, dated 16. 11. 1998, had been passed cancelling the lease. The said order had not been served on the petitioner.

(3.) ONE Ramalingam had forcibly took possession of the shop in collusion with the then Special Officer of the respondent Municipality and has been running a wine shop in the said premises from the year 1992. Challenging the cancellation of the lease, by an order, dated 16. 11. 1998, the said Ramalingam had filed a writ petition before this Court and the same had been dismissed. Thereafter, the said Ramalingam had been evicted from the shop and it was taken over by the respondent. Only at that stage, the petitioner came to know about the cancellation of the lease. Aggrieved by the order, dated 16. 11. 1998, cancelling the lease granted to the petitioner, the present writ petition has been filed before this Court, invoking Article 226 of the Constitution of India.