Writ petitioner is not entitled to invoke provisions of Code of Civil Procedure, to maintain his cross-objection.

F.M. Ibrahim Kalifulla, J.

The Writ Appeal and the Cross-Objection have been filed by the petitioner and respondents in the Writ Petition challenging the order of the learned Single Judge dated 20.06.2006 passed in W.P.No.18567 of 2006. The respondents in the Writ Petition are the Appellants in W.A.No.1016 of 2006. While, the writ petitioner is the petitioner in Cross-Objection No. 11 of 2007. The very same writ petitioner has preferred W.P.No. 22507 of 2006 as against the order of the appellants dated 12.07.2006, cancelling the extension of lease granted in favour of the writ petitioner in respect of the weigh-bridge in the Villupuram Market Committee in the extension order dated 3.4.2006.

2. In the Villupuram Market area, a weigh-bridge was stated to have been purchased in the year 2001 and the maintenance contract was granted in favour of the writ petitioner by letter dated 12.06.2002. Initially, the contract was for a period of eleven months. The said contract was extended for a further period of eleven months from 13.06.2003 to 12.05.2004 by order dated 9.6.2003. It was subsequently, extended by letter dated 23.06.2004 for a further period of eleven months from 13.06.2004. The Villupuram Market Committees term came to an end on 3.4.2006. The twenty two months period, which was granted by order dated 23.6.2004 was to expire on 12.4.2006. However, on the last date, when the Market Committees term itself came to an end on 3.4.2006, the Committee through its Secretary extended the period of lease for a period of three years viz., from 13.4.2006 to 12.4.2009 with 10% of increase on the existing rate. Since, the term of Office of the Market Committee came to an end on 3.4.2006, the State Government in exercise of the powers vested with it under Sub-Section 1 of Section 33 of the Tamilnadu Agricultural Produce Marketing (Regulation) Act 1987, issued G.O.Ms.No. 92 dated 3.4.2006, appointing the Joint Director of Agriculture as Special officer of the Appellants-Market Committee. He also took charge of the Office of Special Officer in the afternoon of 3.4.2006. Thereafter, the second appellant issued its proceeding dated 15.6.2006, cancelling the extension of the lease granted earlier in its order dated 3.4.2006.

3. The writ petitioner preferred W.P.No. 18567 of 2006, challenging the order of the second appellant dated 15.6.2006. The said Writ Petition was disposed of by the learned Single Judge by order dated 20.06.2006 holding that the order of cancellation was passed in violation of the principles of natural justice and that the lease granted after obtaining the consent of the Market Committee cannot be cancelled merely based on the opinion of the Government Pleader and that the alleged administrative reasons were not spelt out and they were vague. While, setting aside the order dated 15.6.2006 of the second appellant, the learned Single Judge, however held that as per the terms and conditions available with the Appellants-Market Committee, there could not have been an extension of lease for more than eleven months at a time and therefore, the period of lease, which was extended by the proceedings dated 3.4.2006 should be confined only for a period of eleven months commencing from 13.04.2006 and that any further extension should be subject to the decision of the appellants. Therefore, while setting aside the order dated 15.06.2006, the learned Single Judge gave liberty to the appellants to cancel the lease and to conduct auction in accordance with law by giving due opportunity to the writ petitioner. Thereafter, the appellants issued a fresh show cause notice dated 29.06.2006 to the writ petitioner calling upon him to explain as to, why the extension of lease granted under the proceedings dated 3.4.2006 should not be cancelled. In the present show cause notice, the appellants gave as many as eight reasons as to, why they are proposing to cancel the extension of lease granted to the writ petitioner. The writ petitioner fi