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1993 Supreme(Mad) 304

SRINIVASAN
V. S. Balakrishnan – Appellant
Versus
Pudukottai Municipality represented by its Commissioner, Pudukottai and another – Respondent


Advocates:
R.Sundaravaradan, Senior Counsel for S.CKalaichelvan, S.Kamadevan, for Petitioner. N.Baskaran and V.Ramaswamy, for Respondent No.1. T.Sasindran, for Respondent No.2.

Judgment :

The petition is for issue of mandamus calling for the records pertaining to the Notification issued by the first respondent in Na.Ka.A.4/ 15423/89, dated 21. 1990 and to quash the same insofar as the item 1 is concerned. Item 1 of the Notification relates to a right to collect fees in the weekly market for the period from 4. 1990 to 33. 1991. According to the petitioner, when the auction was held in the pervious year, he was a successful bidder for a sum of Rs.7,00,150. He was directed to pay a sum of Rs.51,300 every month. A document was executed on 4. 1989 on a stamp paper of Rs.5. Under that document the right of collecting the fees in the weekly market, Pudukottai during the period from 4. 1989 to 33. 1990 was given to the petitioner herein.

2. It is contended by the petitioner that the document is really one of lease and the petitioner has become a tenant under the Municipality by virtue of the said document and it is not open to the Municipality to hold a fresh auction for the period 1990-91 and dislodge the petitioner. The second contention is that the petitioner is entitled to the benefit of G.O.Ms.No.285, Municipal Administration and Water Supply Department, da













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