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2012 Supreme(Mad) 77

R.SUDHAKAR
Integrated Bus Stand Traders Association (Mattuthavani) rep. by its Secretary I. Kamal – Appellant
Versus
The Commissioner, Madurai City Municipal Corporation Alagar Koil Main Road – Respondent


Advocates Appeared:
For the Petitioner - No Appearance.
For the Respondents - R2 -S.V. Duraisolaimalai, Additional Government Pleader.

Judgment :-

1. Writ Petition is filed praying to issue a Writ of Certiorarified Mandamus to call for the records of the 1st respondent relating to his communication in Ref.No.Ma.Va.5/1769/2002 dated 5.4.2002 and quash the same and pass consequential order refixing the rent and return of the deposit collected for participating in the auction held on 11.03.99.

2. None appears on behalf of the petitioner. The petitioner is the secretary of the integrated bus stand traders Association. This Writ Petition has been filed to quash the impugned communication and consequentially to refix the rent and return the deposit collected in the auction held on 11.03.1999.

3. The impugned order is a reply given to a representation dated 08.01.2002. The first respondent has declined to refund the amount primarily holding that, so long as the shop is in occupation by the successful tenderer, the deposit will not be refunded. The order is under challenge is justified in view of the lease agreement entered into between the individual shop owner and the commissioner corporation, Madurai, which reads as follows:

"1. That the sum of Rs. Twenty five thousand Rs.25,000/-which the licensee has paid as securit



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