(1.) THE Petitioners are the lessees under the respondent in respect of the shops that has been leased out in the year 1989 by way of public auction. Two petitioners having participated in the public auction and being successful bidders in the same, the shops have been let out to the them for a period of three years. In the year 1992, the respondent renewed the lease in favour of the petitioners by accepting the rent at the enhanced rate of 15% of the previous year. In the year 1995, the respondent proposed to auction the shop numbers 1, 3 and 6 to 8 in public auction. THE petitioners are entitled for the renewal of the lease by paying the enhanced rate of rent at 15% as per the order of the Supreme Court of India in Civil Appeal No. 1994 of 1991. THE petitioners filed a Writ Petition in W. P. No. 11564 of 1995 before this Court against the impugned auction notice. THEreafter, the lease has been renewed till 31. 8. 1998. Before the expiry of the current lease period, the respondent/town panchayat resolved by a Resolution dated 21. 4. 97 to renew the lease in respect of shop Nos. 2, 13 and 14. THE respondents have decided to auction the shops in the Anna Vaniga Maiyam on 1. 9. 1998, and hence the present writ petition to quash the resolution of the respondent to renew the lease to the petitioners.
(2.) MR. V. T. Gopalan, learned senior counsel on behalf of the petitioners contended that the petitioners are entitled for the renewal of the lease as per G. O. Ms. No. 285 Municipal Administration and Water Supply department dated 29. 4. 1985 by paying the enhanced rate of rent at 15% once in three years. Since, the Supreme Court of India in Civil Appeal No. 1994 of 1991 also had held that the lessees under the Municipalities are entitled for the renewal of the lease by paying 15% of the enhanced rate of rent.
(3.) IN view of the above judgments, I am of the view that the relief sought for by the petitioners in this writ petition cannot be granted, since the rights of the parties are governed by the lease agreement entered into between them.