T MUNISAMY Vs. T PUVIRASI

JUDGEMENT

(1.) The petitioner filed a Writ Petition, challenging the order dated 27.10.2006 of the respondents proceedings Na.Ka.No.A1/9227/06 in pursuant to the resolution No.222 passed on 08.09.2006 by the respondents herein and quash the same.

(2.) The case of the petitioner is that he is the Member of the Gudiatham Municipality Shop Merchant Welfare Association, he is also having a shop and doing General Merchant business at shop No.10, J.K.Chetty Street, Gudiatham. There are more than 100 shops situated in the J.K.Chetty Street, Gudiatham which belongs to the respondents Municipality. The respondents municipality conducted public auction in the year 1968. The above said Association Members were participated in the public auction and the petitioner became the highest bidder and thereby the lease was confirmed in favour of the petitioner. The petitioner was doing his business in the above said shop till date there was no complaint regarding the rent payment. He paid the rent without delay and there is no arrears of rent till date. The lease was renewed each and every 3 years.

(3.) The building was constructed in the year 1968 is sub-standard and thereby the construction and the wood used for making door and its frame, windows and doors comes to the status of dilapidated condition in the year 1978. Thereby each and every shop owners was permitted by the respondent to repair the shops and remove the wooden doors and frames enable them to install rolling shutters on the heavy investment of the lessees. On contra, they have permitted orally on receipt of the heavy bribe for getting repaired the shops by the staffs of the municipality from the year 1968 to till date.