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2000 Supreme(Mad) 747

R.JAYASIMHA BABU, FAKKIR MOHAMED IBRAHIM KALIFULLA
M. Palanisamy & Others – Appellant
Versus
Sriramapuram Town Panchayat, rep. by its Executive Officer, Sriramapuram, Dindigul District & Others – Respondent


Advocates:
M. Damodaran, for Appellants. M. Devaraj for G.Sankaran, for Respondent
No.1.

Judgment :

The Judgment of the Court was delivered by R.Jayasimha Babu, J.:

1. We do not find any error in the order of learned single Judge who dismissed the appellants’ writ petition on the ground that they derive no right from the Government Order in G.O.Ms.No.285, Municipal Administration and Water Supply Department, dated 24. 1985, to claim a right to remain in the Municipal premises in perpetuity, subject to their paying a higher rent, higher by 15% over the pre-existing levels, once in three years.

2. G.O.Ms.No.285 was issued after considering the petitions from shall-holders in various Municipalities. The Government decided that those stall-holders would be allowed to continue in the premises for one more year from 4. 1985 to 33. 1986, subject to their agreeing to pay 15% increase in rent. The Government further directed that, “the Municipal Councils resort to public auction of the lease once in every three years and that the system of public auction of the municipal properties mentioned above shall be implemented from 4. 1986. A successful bidder shall not be allowed to take part in the public auction, at the most, for more than two times.”

3. To the said Government Orde









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