By consent, the Writ Petition is taken up for final disposal. Heard Mr.A.Radhakrishnan, the learned counsel for the petitioner and Mr.R.A.S.Senthilvel, learned Additional Government Pleader, who accepts notice on behalf of respondents.
2. The petitioner, who is a licensee of a Shop, bearing No.22 has came forward to challenge the impugned order, dated 10.02.2017, by which, he was asked to handover possession after expiry of the lease period on 31.03.2017.
3. The learned counsel for the petitioner would submit that the petitioner has been in possession of the shop for more than three decades, and therefore, the impugned order requires interference, as abruptly, the said position is made to come to a grinding halt.
4. This Court feels that the said submission cannot be a ground to set aside the impugned order. Admittedly, the lease period comes to an end on 31.03.2017. After the expiry of the said period, he does not have any vested right to hold possession. In that case, the learned counsel for the petitioner prays that, alternate shop may be considered for the petitioner, and till such time, he shall not be disturbed from possession of the present shop.
5. Considering the above said request of the learned counsel for the petitioner, this Court is granting liberty to the petitioner to make an application for provision of alternate shop. The application shall be filed within a period of two weeks from the date of receipt of a copy of this order. On receipt of such representation, the second respondent is directed to consider the same and pass appropriate orders within a period of four weeks thereafter. Till such time,the petitioner shall not be evicted from the shop in possession.
5. This Writ Petition is dismissed. No costs. Consequently, connected Writ Miscellaneous Petition is closed.
15.03.2017 sd Index : Yes/ No Issue order copy 03.04.2017 To
1. The Regional Director, Municipal Administration, Arisipalayam, Salem.
2. The Commissioner, Attur Municipality, Attur, Salem District.
M.M.Sundresh.J., sd W.P.No.6337 of 2017 15.03.2017 http://www.judis.nic.in