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2016 Supreme(Mad) 3976

B.RAJENDRAN
N. A. K. Gopalakrishna Raja – Appellant
Versus
District Collector – Respondent


Advocates Appeared:
For the Petitioner:Mr. R. Suriya Narayanan, Advocate
For the Respondent:Mr. S. Kumar, Additional Government Pleader, Mr. M. Sridhar, Advocate

ORDER :

B. Rajendran, J.

This Writ Petition has been filed by the owner of the land in Survey No.533 in Theni Allinagaram. He has let out the vacant site to the third respondent for lease and the lease period was over as early as on 15.03.1992. According to the petitioner, even thereafter, the third respondent has not vacated the premises but he is doing business, illegally by getting No Objection Certificate from the second respondent for issuance of licence. Only on the basis of the No Objection Certificate issued by the second respondent, without any valid right he has been continuing his business. According to him, it is illegal. The authority should not have issued No Objection Certificate for grant of licence, as there is no valid lease at all. The possession of the third respondent in the property is illegal which can be termed as only trespasser. When there is no valid agreement, the authority could not have satisfied himself to the legal right of the petitioner to continue in the property so as to run the business. Therefore, the authority granting No Objection Certificate and the consequential licence are baseless. In fact, earlier he has filed a Writ Petition for eviction


















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