1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 09-03-2011 CORAM: THE HON'BLE MR.JUSTICE B.RAJENDRAN W.P.(MD).No.2715 of 2011 K.Rajesh Kannan ... Petitioner Vs 1.The District Collector, Virudhunagar District, Virudhunagar. 2.The Assistant Director (Panchayats), Virudhunagar District, Virudhunagar. 3.The Block Development Officer, Rajapalayam Panchayat Union, Rajapalayam, Virudhunagar District. 4.The Panchayat President, Krishnapuram Panchayat, Rajapalayam Panchayat Union, Rajapalayam, Virudhunagar District. ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus to direct the fourth respondent to consider the representation of the petitioner dated 02.02.2011 pertaining to extension of lease granted in favour of the petitioner for running the cycle stand at Ayyanar Kovil in Krishnapuram Panchayat, Rajapalayam Panchayat Union, Rajapalayam, Virudhunagar District by enhancing the lease amount 15% within the stipulated period. For Petitioner :: Mr.G.Marimuthu For Respondents :: Mr.K.Balasubramanian R1 to R4 Addl.Govt.Pleader https://hcservices.ecourts.gov.in/hcservices/ 2 ORDER The petitioner is a successful bidder in the auction to run the cycle stand at Ayyanar Kovil in Krishnapuram Panchayat, Rajapalayam Panchayat Union, Rajapalayam, Virudhunagar District for the period commencing from 01.04.2010 to 31.03.2011. As per the condition, he has paid the licence amount. Now, the period expires on 31.03.2011. He would only contend that by virtue of a representation dated 02.02.2011, he has sought to extend the lease on payment of 15% enhanced licence fee. Though the representation has been made, since no reply has been made, he has come forward with the present Writ Petition for a Writ of Mandmus to consider his request. 2. Mr.K.Balasubramanian, learned Government Pleader would contend that the representation alleged to have been sent by him is without any acknowledgment and even the date is a handwritten one. That apart, as per the Rule 23 (2) of the Tamil Nadu Panchayats (Procedure for constructing public auction of leases and sales in Panchayats) Rules, 2001 (for short 'the Rules'), if the existing lessee desires to continue the lease for a further period, he may apply to the executive authority or the commissioner or the secretary, as the case may be, requesting the renewal of the lease in his favour atleast three months before the expiry of the lease period. In this case, neither the rule has been followed nor any request has been made in time. Therefore, the request of the petitioner cannot be considered. In any case, he would contend that it is the prerogative rights of the authorities concerned either to extend the lease or to go for a public auction. Heard both sides. 3. As rightly contended by the learned Additional Government Pleader, as per the Rule stated supra, the prescribed time for renewal of the lease is atleast three months before the expiry of the lease period. The petitioner now confines that if he is eligible, his request may be considered as per the Rules. In support of his contention, he would also rely upon an unreported judgment of this Court dated 16.03.2009 made in W.P(MD).No.1910 of 2009 in respect of the very same Panchayat in the previous year. 4. In view of the above, since the petitioner is seeking for a limited relief that if he is eligible he may be considered in respect of renewal of lease granted to him, the respondents are directed to consider the representation of the petitioner dated 02.02.2011 and pass appropriate orders on merits and in accordance with law preferably before 31.03.2011. It is made clear that this Court is not expressing anything as regards the eligibility of the petitioner and it is for the concerned authorities to consider the same and pass appropriate orders in accordance with law. https://hcservices.ecourts.gov.in/hcservices/ 3 With the above direction, this Writ Petition stands disposed of. No costs. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Virudhunagar District, Virudhunagar. 2.The Assistant Director (Panchayats), Virudhunagar District, Virudhunagar. 3.The Block Development Officer, Rajapalayam Panchayat Union, Rajapalayam, Virudhunagar District. 4.The Panchayat President, Krishnapuram Panchayat, Rajapalayam Panchayat Union, Rajapalayam, Virudhunagar District. W.P.(MD).No.2715 of 2011 09.03.2011 ssm NSV/9.3.11/3P/5C https://hcservices.ecourts.gov.in/hcservices/