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Habeeb Rehman vs The Commissioner

Madras High Court|14 November, 2017

JUDGMENT / ORDER

Prayer in W.P.Nos.18014 to 18017 of 2004: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus calling for the records pertaining to the resolution No.614 dated 26.05.2004 passed by the Second Respondent and quash the same in so far as it is concerned with the writ petitioners shop Nos.5, 1, 2, 6 respectively, Situate outside, Anna Bus Stand, Railway Feeder Road, Ramanathapuram, which was leased out to the Writ Petitioners and direct the first respondent to renew the lease in favour of the petitioners for a further period of 3 years, on accepting the enhanced lease amount at 15% over and above the existing lease amount in respect of the Shop Nos.5, 1, 2, 6 respectively, Situate outside, Anna Bus Stand, Railway Feeder Road, Ramanathapuram.
For Petitioners : Mr.C.R.Prasanan (in all W.Ps.) For Respondents : Mr.S.Diwakar (in all W.Ps.) Spl.Govt. Pleader C O M M O N O R D E R The petitioners have come forward with these writ petitions to call for the records pertaining to the resolution No.614 dated 26.05.2004 passed by the Second Respondent and quash the same in so far as it is concerned with the writ petitioners shop No.5, 1, 2, 6 respectively, situate outside, Anna Bus Stand, Railway Feeder Road, Ramanathapuram, which were leased out to the Writ Petitioners and direct the first respondent to renew the lease in favour of the petitioners for a further period of 3 years, on accepting the enhanced lease amount at 15% over and above the existing lease amount in respect of the Shop Nos.5, 1, 2, 6 respectively, Situate outside, Anna Bus Stand, Railway Feeder Road, Ramanathapuram.
2. When the matter is taken up for hearing, it is fairly represented by the learned counsel for the petitioners that there were no interim orders and the period sought for extension of lease for further period of 3 years is also over.
3. The writ petitions are of the year 2004 and the relief sought for by the petitioners no longer exist, as the 3 year lease period already expired in 2007. Hence, nothing survives in the writ petitions and the writ petitions are closed. No costs. Consequently, connected miscellaneous petitions are closed. If the petitioners are aggrieved by any of the order passed by the respondents rejecting their request, it is open to them to approach the respondents and the respondents can question the plea of laches, if any.
14.11.2017 Index : Yes / No Internet Yes/ No pvs To
1. The Commissioner, Ramanathapuram Municipality, Ramanathapuram.
2. The Chairman / Vice Chairman, Ramanathapuram Municipality, Ramanathapuram.
S.VAIDYANATHAN, J pvs W.P.Nos.18014 to 18017 of 2004 14.11.2017
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Title

Habeeb Rehman vs The Commissioner

Court

Madras High Court

JudgmentDate
14 November, 2017