LAWS(MAD)-2018-3-478

S JEYAMALAR Vs. K NOOR MOHAMMED

Decided On March 19, 2018
S Jeyamalar Appellant
V/S
K Noor Mohammed Respondents

JUDGEMENT

(1.) Heard Mr.V.Meenakshisundaram, learned counsel, appearing for the appellants and Mr.Aathimoolapandian, learned counsel, appearing for the respondent.

(2.) These Appeals are directed against the common order passed in W.P.(MD).Nos.2369 to 2375 of 2018. The appellants filed those writ petitions challenging the auction notification issued by the respondent Municipality directing the shops, owned by the Municipality, for public auction. The writ petitioners contended that in terms of G.O.Ms.No.92, Municipal Administration and Water Supply Department, dated 03.07.2007, they are entitled to continue for further period of nine years with the enhanced the lease rent of 15% and the Municipal Commissioner had issued a notice dated 13.05.2017 calling upon the appellants to pay the enhanced rent. They have also accepted for the same and also signed in an agreement and also sent it to the Municipality for their signature.

(3.) At that juncture, an auction notification was published in the Tamil Daily newspaper on 20.01.2018 towards the Revenue Resolution No.1772 dated 27.12.2017. However, in the said resolution three items were mentioned and with regard to Kamaraj Bus Stand shops, only five shops were mentioned and the shops occupied by the appellants were not included in the said tender notification. Subsequently, by another notification published in the Tamil Daily newspaper dated 25.01.2018, all the 38 shops in the Kamaraj Bus Stand were brought for public auction.