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R.SENTHIL KUMAR versus THE COMMISSIONER

High Court of Madras

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R.Senthil Kumar v. The Commissioner - WRIT PETITION (MD)No.2922 of 2007 [2007] RD-TN 1186 (29 March 2007)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 29/03/2007

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN

WRIT PETITION (MD)No.2922 of 2007

and

W.P.M.P.(MD)No.1 of 2007

R.Senthil Kumar ... Petitioner

Vs.

1.The Commissioner,

Kumbakonam Municipality,

Municipal Office,

Kumbakonam,

Thanjavur District

2. Kumbakonam Municipality,

rep by it's Chairman,

Municipal Office,

Kumbakonam,

Thanjavur District ... Respondents

The Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus as stated therein. For petitioner : Mr. C.Raja Kumar

For respondents : Mr. K.Raj Kumar

:ORDER



The Writ Petition has been filed praying for the issuance of a Writ of Mandamus to direct the respondents to extend the licence issued by the first respondent vide Na.Ka.No.760/2006/A7, dated 07.03.2006, to run the television advertisement in the Aringnar Anna Bus Stand, Kumbakonam, to the petitioner, till the completion of the re-auction to be conducted by the respondents and for other orders.

2.Heard the learned counsel for the petitioner as well as for the respondents.

3. It is the case of the petitioner that he has been granted advertisement rights through television in Aringnar Anna Bus Stand, Kumbakonam. The contract period is from 01.04.2006 to 31.03.2007. It is submitted that a fresh auction for the year, 2007-2008, had been fixed on 15.03.2007. However, due to the order of interim injunction granted by the District Munsif Court, Kumbakonam, against the reauction tender notice, the reauction fixed to be held on 15.03.2007, had been postponed. It is further submitted that the petitioner had deposited the sum required to participate in the reauction that was to have been held on 15.03.2007. Further, the petitioner is willing to make further payments as required by the respondents. The present writ petition has been filed by the petitioner praying for a Writ of Mandamus to direct the respondents to extend the licence period in his favour till the completion of the Civil Suit.

4.The learned counsel appearing on behalf of the respondent Municipality has submitted that there is no right vested in the petitioner for the grant of such extension of licence, which expires on 31.03.2007. The reauction fixed to be held on 15.03.2007, has been postponed due to the order of injunction granted by the District Munsif Court, Kumbakonam. It has also been submitted on behalf of respondents that, under Section 321 of the Tamil Nadu District Municipalities Act, 1920, it has been stated that every licence or permission granted under the act or any rule or by-law made under the Act shall specify the period of the licence. Accordingly, the period of licence granted in favour of the petitioner was one year, from 01.04.2006 to 31.03.2007. It was also submitted that there is no provision in the law to extend the period of licence. Further, the learned counsel appearing on behalf of the respondents had also placed before this Court, an order of this Court, dated 27.02.2007, made in W.P.(MD).No.1665 of 2007, wherein it has been clearly held that the period of licence cannot be extended beyond the contractual period. In such circumstances, this Court is of the considered view that the prayer sought for in the writ petition cannot be granted. Hence, the writ petition stands dismissed. Consequently, the connected W.P.M.P is closed. To

1.The Commissioner,

Kumbakonam Municipality,

Municipal Office,

Kumbakonam,

Thanjavur District.

2.The Chairman,

Kumbakonam Municipality,

Municipal Office,

Kumbakonam,Thanjavur District.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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